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Under the Family and Medical Leave Act (FMLA), some employees can receive up to 12 work weeks of unpaid leave each year. However, sometimes, companies don’t understand the FMLA’s requirements, or they might violate the rights of employees who take FMLA leave. If this happens, employees often wonder if they have legal options, and an experienced Burbank FMLA lawyer can help.
The Family and Medical Leave Act is a federal law that applies nationwide regarding how long and when employees can take medical leave. It includes employee protections that allow employees to take leave without fear of adverse actions like being fired. Employees in certain situations can take unpaid leave without punishment.
FMLA provides unpaid leave annually for employees (up to 12 work weeks). Under FMLA, employees must be able to return to their same or an equivalent job once their FMLA leave concludes.
FMLA also provides military families with other entitlements, as employees can take FMLA leave for reasons related to certain deployments through the military for their family members. Further, employees can take FMLA leave to care for a member of the military who has a serious illness or injury (up to 26 work weeks in a single year).
FMLA applies to all businesses in the private sector employing at least 50 employees (or within 75 miles of a business location with 75 employees) for at least 20 work weeks in the present year or last calendar year. Also, it applies to public agencies like local, state, and federal employers, as well as education agencies like schools.
An employee who meets the FMLA prerequisites may qualify for FMLA leave for one or more of these qualifying reasons:
If it’s necessary to take leave from your job for one of the aforementioned reasons, you must provide at least 30 days of notice or give as much notice “as is practicable” under the circumstances. You may be ineligible for the protections afforded by the FMLA if you fail to provide sufficient notice.
If you are taking FMLA leave, you will need to provide enough information to your employer to allow them to reasonably determine whether the FMLA applies to your request for leave. For example, you might need to provide evidence of a pregnancy, of overnight hospitalization, or that your qualifying family member requires ongoing care from a healthcare provider.
When asking for FMLA leave for the first time under a qualifying reason, you don’t need to actually mention the FMLA. However, if you were previously provided with FMLA leave and are seeking leave again, you’re required to reference either the need for FMLA leave or the reason for the leave.
Employees in specific situations can take unpaid FMLA leave, and their employer can’t punish them for taking the leave. If you’ve taken leave under FMLA in Burbank, CA, you’re protected from acts of retaliation like demotion, termination, pay cuts, or any other negative employment action.
If you’ve experienced any of these adverse employment actions, it’s important to consult a knowledgeable employment lawyer in Burbank to discuss your FMLA rights and consider a claim for a potential violation.
The evidence you gather for your FMLA case should be compelling. You may want to gather your written job description, your employment handbook, performance evaluations, and your communications between yourself and your employer. If you have it, get any disciplinary documents and your employment contract (if any). An experienced attorney can help explore all potential, relevant, and admissible evidence to support your case.
If you need legal assistance with an FMLA case, you can consider consulting a labor and employment attorney with experience handling FMLA matters. Labor and employment attorneys focus on various employment law matters, and they can help protect your legal rights throughout your claim. They can also help you navigate all related FMLA issues and help maximize your financial recovery for any FMLA violations.
No, your employer cannot legally fire you for requesting or taking FMLA leave. This adverse employment action would be considered retaliation, which is illegal. The FMLA forbids companies from terminating an employee who takes FMLA leave. If your employer terminates you for taking FMLA leave, you could be entitled to compensation for their unlawful actions.
For successful FMLA cases, you can pursue recovery for reinstatement to your original job or an equivalent position, back pay, and other damages if you can prove your employer’s actions were in bad faith. If an employer violated your rights under FMLA, you should consider consulting an experienced attorney to discuss your case.
If an employer violates your rights under the FMLA, you can take action. When you believe your rights were violated, contact Nosratilaw, A Professional Law Corporation to discuss how we can help.
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