Family Medical Leave Act Claims

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave. The FMLA helps employees balance their work and family responsibilities by allowing reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers, and promotes equal employment opportunity for men and women.

At the Bononi Law Group, LLP, in Los Angeles, California, we have extensive experience handling all types of employment-related legal claims, including FMLA claims. We represent clients in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Ventura, Santa Barbara, Kern and Fresno counties.

If you are uncertain whether you have a valid claim under the FLMA, you need to contact the Bononi Law Group, LLP immediately to schedule a consultation. The FLMA does not apply to all employers. The Bononi Law Group, LLP can advise you as to whether your employer is exempt under the law.

Though the FLMA provides job protection, it also establishes procedures that employees must follow to ensure protection under the act. The Act entitles employees to leave, ensures that health benefits will be maintained during leave (though often at the employee’s expense), and guarantees that the employee’s job will be restored when the leave ends. Employees must meet notice requirements under the statute and must also certify the need for leave.

The Department of Labor has issued a memorandum that clarifies its position on the rights of returning service members to family and medical leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

A number of states have also enacted family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by FMLA, and/or provide benefits to employees who are not eligible for FMLA leave. In those situations where an employee is covered by both federal and state FMLA laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law. Some employees may also be entitled to protections provided by the Americans with Disabilities Act (ADA), which is administered by the Equal Employment Opportunity Commission.

We Can Help

The attorneys at the Bononi Law Group, LLP have extensive experience litigating employment issues. We will aggressively protect your interests under state and federal employment laws. Contact us for a consultation.