Resolving Family And Medical Leave Act Disputes

If you have been working for your employer for at least one year, you may qualify for up to 12 weeks of unpaid job-protected leave if you give birth, adopt a child, face medical challenges that keep you from working or need to care for a sick family member. Job-protected leave means that you cannot be fired for requesting or taking time off for approved medical leave under the Family and Medical Leave Act (FMLA).

Do you have questions regarding your rights and entitlements under the FMLA and other laws enacted to protect employees' rights? Is your firm engaged in a family and medical leave entitlement dispute? Does your firm need legal counsel to prevent FMLA legal infringements? Contact Bononi Law Group.

At the Pasadena employment law firm Bononi Law Group, LLP, we have handled pregnancy, medical condition and disability disputes for over two decades. We have successfully defended against a number discrimination lawsuits and have won many settlement and jury awards, including a $400,000-plus jury verdict against a public entity for a disabled client.

Protections For Employees In California

In California, employees enjoy numerous and generous legal protections in the event of:

  • Pregnancy
  • Disability
  • The adoption of a child
  • Sick children
  • Medical challenges, including chronic intermittent illness

Job-protected leave can be taken as needed under the FMLA by those who qualify. You may take the full 12 weeks at one time, you may take fewer or you may take what is called "intermittent leave." Intermittent leave may mean a day this week, two days next week, a week next month and so on. Once approved for intermittent FMLA leave, you may take the leave as necessary, with some restrictions.

For family members caring for a veteran who was injured while serving our country, the FMLA provides up to 26 weeks of job-protected leave.

In addition to the protections offered by the federal FMLA, California offers job-protected leave to employees under the California Family Rights Act (CFRA). Many of the rights under the FMLA and the CFRA are similar and run concurrently.

Were You Fired For Taking Medical Leave?

You may have a case for wrongful termination, constructive termination or violation of your right to FMLA leave if your employer has:

  • Wrongfully denied your request for job-protected leave
  • Fired you for taking medical leave
  • Refused to allow you to come back to work after medical leave
  • Demoted you, passed you over for a promotion or pay raise or otherwise retaliated against you for taking FMLA leave

Our long track record of casework success has resulted in a reputation for effective litigation throughout Southern California. In addition, two of our attorneys have been selected for inclusion on the California Super Lawyers list annually since 2005 and another has been selected as one of The Best Lawyers in America each year for more than 20 years.

For more information regarding our firm and family and medical leave entitlements in California, call 213-550-5503.