The Family and Medical Leave Act has some varying provisions at the federal level and at the state level in California. While many of the provisions are identical, such as the definition of a serious health condition, the provisions that are not similar are important to note. Here are some of the differences between the two:
With actor/comedian Robin Williams' suicide reportedly due to depression, more attention has been shed on this very real mental disorder. Depression can affect all aspects of a person's life, including their work and career. Some who suffer from depression do so silently. Others may approach their employers for time off through the Family and Medical Leave Act.
The balance between work and family is one of the biggest considerations for modern American employees. For many, the amount of paternity leave, maternity leave and other family support benefits are critical when choosing an employer. At minimum, people want to get the benefits guaranteed to them under the Family and Medical Leave Act, known as FMLA. If they don't, they may file lawsuits, which is happening more often.
When individuals need leave from their job, there are invariably a multiplicity of dynamics play. Those include the needs of the employee, the needs of the employer, and governing law including the Family and Medical Leave Act, commonly referred to as the FMLA. In order to make sure that the interaction of those dynamics is successful, there has to be excellent communication between all involved parties.
Employees often need help to understand what their rights and responsibilities are when taking a leave of absence from work or returning from that leave. Those rights and responsibilities are governed by the federal Family and Medical Leave Act and its counterpart in California, the California Family Rights Act. Although many employee questions center on when they can take leave and for how long, it is also important to know what can happen when returning to work.
A general merchandise manager for Albertson's has filed a pregnancy discrimination lawsuit against the grocery chain for failing to accommodate her need for light duty during her high-risk pregnancy. According the lawsuit, the 30-year-old woman requested accommodations in writing three times, only to be ignored by her superiors.
Demetria Peart began working as a legal secretary for Latham Watkins in April of 2007. The fall of the same year, she learned that she was pregnant. Shortly thereafter, she was forced to take time off of work for complications related to her pregnancy. In January of 2008, she was told not to return.