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The Family and Medical Leave Act (FMLA) is a federal law that protects your job if you need to take leave to help a seriously ill or injured immediate family member or if you are having a baby or adopting a child. Eligible employees should not experience adverse employment actions if they request or take leave under the FMLA. If you had issues qualifying for FMLA leave, or you were retaliated against, it’s important to consult a skilled El Segundo FMLA lawyer.
Leave is available under the Family and Medical Leave Act for employees who work for their covered employer (with at least 50 employees within 75 miles) for a full year at minimum. They must also complete at least 1,250 hours of work during the year before they request leave.
Under the FMLA, an employer must provide job-protected FMLA leave for employees for up to 12 weeks each year. They must also continue employee health benefits as if the employee continued working without taking leave and restore the worker to the same position or a position that’s virtually equivalent when they return to work. Leave under the FMLA can be unpaid, or an employee can take leave at the same time their employer provides paid leave.
For more general information about the FMLA and employee eligibility, please see the Wage and Hour Division of the U.S. Department of Labor’s website.
FMLA protects workers nationwide, and when employees violate an employee’s federally protected right to FMLA leave, they can face consequences. There are many instances of employees pursuing justice after their employer violated their legal right to FMLA leave.
Two employees recovered $438,625 in back wages when they were illegally terminated by an Alabama Car Manufacturer after they took job-protected FMLA leave.
Even though their leave was protected, the two employees had been reprimanded and denied their monthly attendance bonuses while they were out on FMLA leave, which is unlawful. Further, when they returned from leave, they were not reinstated in their same (or substantially-equivalent positions).
Also, when California employee Commodity Sales Co. used their federally-protected FMLA leave, the U.S. Department of Labor Wage and Hour Division investigators determined a Los Angeles poultry slaughterhouse illegally terminated its employee. The employer failed to provide their employee with information about taking FMLA leave and didn’t provide sufficient information about the employee’s job protections. This California employee recovered $11,209 in back wages.
When an airline refused to follow federal law protecting employees seeking FMLA leave, a federal court ordered Mesa Air Group to follow federal law. The court made the company correct its policy that prevented pilots and flight attendants from seeking leave under the FMLA, and they had to correct their pay policy. The court further indicated that pilots and flight attendants could qualify for FMLA leave under either their hours paid or hours worked.
The court ordered payment in the amount of $10,000 for a Mesa Air Group flight attendant, plus reinstatement, as she’d been denied erroneously her requested FMLA leave.
Workers nationwide deserve federal protections through the FMLA, and when employees unjustly take adverse employment actions against their team, the outcome can be costly. If you need help with a specific FMLA leave matter, consider consulting an experienced El Segundo employment attorney.
In California, an attorney familiar with FMLA law and its protections can provide extensive help. If you suspect your employer violated the FMLA, an attorney can explain the applicable laws, ensure your state and federal rights are protected, and help you seek remedies for any violations you can prove.
They can also help negotiate with involved companies and advocate for your rights. A licensed California attorney can listen to your concerns and maximize your recovery.
Your employer does not have to pay you during your FMLA leave. The FMLA only requires unpaid leave. However, you can choose to use any accrued paid vacation leave, or your employer may require you to use paid vacation leave. You can also take paid sick leave or family leave for a portion, or all of your FMLA leave. If you’re taking paid leave for an FMLA-protected reason, your employee leave is then protected by the FMLA.
There are restrictions for protected leave for the birth or adoption of a child under the FMLA. FMLA leave must conclude within one year after the child’s birth or adoption placement. Intermittent leave use under the FMLA is subject to your employer’s approval.
However, if the newborn or newly placed child has a serious health condition, you can take FMLA leave to provide care intermittently so long as it is medically necessary and the leave isn’t subject to the one-year limitation.
Yes, if you donate an organ, you can qualify for FMLA leave if the donation involves either continuing medical care or inpatient care as defined in the FMLA regulations. Surgery to donate an organ often requires overnight hospital stays, which can sufficiently qualify as a serious health condition under the FMLA. Also, the post-surgery recovery period typically qualifies an employee for FMLA protections.
If you need legal assistance after requesting or returning from FMLA leave, the experienced legal team at Nosratilaw, A Professional Law Corporation can help right away. We offer free case reviews to discuss your situation at no cost.
Located in the heart of the business and commercial district on the Westside of Los Angeles, we are just outside Downtown LA, convenient to beautiful El Segundo. Century Park East is lined with office buildings, and our law firm, part of Century Park Plaza, has convenient parking for our clients. The I-10 or the I-405 can get you right to our law firm. Contact us today to set up an initial consultation with an experienced FMLA attorney.
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