Family And Medical Leave Claims
Few areas of employment law bring more confusion than an employee’s right to leave work temporarily for general medical reasons or prior to and following the birth or adoption of a child. At the Pasadena, California, law firm of Bononi Law Group, LLP, we are leading providers of medical leave and Family and Medical Leave Act (FMLA) legal services to both employers and employees.
Do you need legal help in the Pasadena area regarding medical leave or the FMLA? Contact the experienced attorneys of Bononi Law Group, LLP. Call 213-550-5503. Our attorneys have been leaders in employment law for more than two decades. We can help you.
What Is the Family And Medical Leave Act?
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave in a one-year period. It also requires employers to maintain group health benefits for employees during that time.
The FMLA helps employees balance their work and family responsibilities by allowing reasonable unpaid leave for certain family and medical reasons. This includes leave for:
- The birth of a child
- The adoption of a child
- The serious health condition of a child, spouse, parent or employee
The Family and Medical Leave Act also seeks to accommodate the legitimate interests of employers and promotes equal employment opportunity for men and women.
Filing A Claim Under The Family And Medical Leave Act
An employee must follow certain procedures to receive FMLA entitlements, including leave and continued health benefits, as well as job preservation and restoration. Our attorneys have the legal knowledge and experience to carefully guide you through this process and help you understand your rights and obligations so you receive the protections you are warranted.
According to the Department of Labor, employees must meet notice requirements under the statute and must certify the need for leave:
- If you know ahead of time that you will need FMLA leave, the act allows your employer to require a 30-day notice period.
- If you do not know that you will need FMLA leave more than 30 days before the date you intend to take it, you should notify your employer “as soon as practicable.” This is usually at least a day or two.
- If an emergency arises, and you are not able to provide notice, you typically must tell your employer within two days of returning to work that you want to use FMLA leave time.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to count time spent in service, even though not technically working for a current employer, toward determining eligibility for family leave or medical leave under the FMLA.
Learn more about your rights under the Family and Medical Leave Act:
- Your right to take time off under the FMLA
- Employer retaliation following the taking of leave
- Your right to accommodations for a disability
We are in court weekly and have recovered millions of dollars for employees who have been treated unfairly after requesting medical leave, taking medical leave or returning from medical leave.
Employer Retaliation For Taking FMLA Leave Is Illegal
When your employer retaliates against you because you take time off or indicate a desire or intention to take time off under legal guidelines, your employer breaks the law. At the Pasadena employment law firm Bononi Law Group, LLP, our medical leave termination attorneys have helped employees following employer retaliation for more than two decades.
Retaliation can occur in many ways, but usually involves:
- Lack of promotion opportunities
- Reduced pay
- Denied bonuses
- A demotion or a transition to a less desirable position or duties upon returning to work
- Wrongful termination
Our lawyers can skillfully and fully investigate your case and provide aggressive and knowledgeable representation in your potential lawsuit. We have handled hundreds of employment law disputes against California employers and are passionate in our defense of employees’ rights.
Guidance For Employers On FMLA Compliance
In addition to the work we do on behalf of employees throughout California, we work with employers who need assistance with:
- Defending against a medical leave or an FMLA claim
- Documenting company policies about medical leave
- Training managers and supervisors regarding employees’ rights to take leave
Our team includes attorneys who have been selected for inclusion in Southern California Super Lawyers and a lawyer who is one of the very few attorneys selected as one of The Best Lawyers in America each year for more than 20 years.
Call Bononi Law Group, LLP. Understand Your Right To FMLA.
If you have questions about whether you are eligible for FMLA leave or medical leave, including how to request it and how to challenge an employer that has wrongfully denied you the right to temporary leave from work, contact our Pasadena law firm. To schedule a consultation regarding medical leave and the FMLA, contact us at 213-550-5503.