Riverside FMLA Lawyer

It’s Your Livelihood.
Your Wellbeing at Work is Equally as Important Off the Clock.

Riverside FMLA Attorney

One of your legal rights as a California employee is protection when seeking family and medical leave. If you have been denied your FMLA rights or endured punitive employer actions for requesting or taking leave, consider speaking with a Riverside FMLA lawyer.

Riverside FMLA Lawyer

FMLA and CFRA Employee Rights in CA

The Family and Medical Leave Act (FMLA) is a federal mandate permitting and protecting employees who must take necessary leave from their jobs. The California Family Rights Act (CFRA) is a similar statute that further allows employees to qualify for family/medical leave under less restrictive regulations and with more benefits.

One of the main goals of the FMLA/CFRA is to provide employees on leave with job protection so that they may return to their jobs or have an equal function.

Who Is Eligible to Receive the Benefits from FMLA/CFRA?

To meet the criteria for job security and other FMLA benefits, an employee must have worked for their current employer for at least 12 months, during which they worked at least 1,250 hours before the FMLA leave is to start. The employee must also work at a place of employment that has at least 50 workers within a 75-mile radius of the job location.

In order to be eligible for job protection and other CFRA benefits, an employee must have worked with their employer for at least 12 months (consecutive or non-consecutive), during which they worked a minimum of 1,250 hours before the CFRA is set to begin. The CFRA must be honored by employers with at least five employees for 20 or more calendar workweeks during the current or previous calendar year.

What Life Events Meet the Criteria for FMLA/CFRA?

According to the FMLA, non-exempt employers must provide qualifying workers with up to 12 weeks of unpaid leave. The reason for their leave must include one or more of these circumstances:

  • The employee has a serious health condition.
  • The birth of a child or steps in the process of adopting or fostering a child.
  • The parent, spouse, or child of the employee requires care for a serious health condition.
  • The employee’s spouse, child, or parent is on active military duty or has been notified of an impending call or order to return to active duty, during which a qualifying exigency arises.Qualifying exigencies include attending certain ceremonies and briefings, making alternative arrangements for childcare, and making legal or financial arrangements to address the serviceman’s absence.

Under the CFRA, applicable employers must grant eligible workers up to 12 weeks of unpaid leave within one 12-month period. The reason for the leave must involve one or more of the following:

  • Steps in the adoption or foster care placement of a child with the employee or bonding time/caring for a newborn child.
  • The employee’s spouse, registered domestic partner, child, domestic partner’s child, sibling, grandparent, or grandchild requires care for a serious medical condition.
  • The employee’s significant health condition prevents them from performing their duties at work.
  • The spouse, domestic partner, child, or parent of the employee is on active military duty or has been notified of an impending call or order to return to active duty, and a qualifying exigency arises. Eligible exigencies for leave include attending certain ceremonies and briefings, making alternative arrangements for childcare, and making legal or financial arrangements to address the military member’s absence.

What Can an Employer Not Do Regarding Employee Leave in CA?

The FMLA/CFRA mandates that employers are prohibited from denying eligible employees their right to qualifying leave in addition to being prohibited from interfering with or preventing their ability to take leave.

Also, federal and state law prevents employers from taking retaliatory action against employees who ask for leave or those who take leave, including when they return to work – such as wrongful termination, demotion, or withholding work benefits.

Employers are also required to provide eligible workers on leave with job protection, meaning that upon returning from leave, the employee gets the same job back or is given a job of equal standing.

What Damages Can I Recover From My Leave Rights Being Violated?

If you choose to file a claim against your employer for violating your rights under the FMLA/CFRA, you may receive compensation for rights being infringed upon. The damages you may be compensated for include your lost wages if wrongfully terminated, punitive liquid damages, and your attorney’s fees.

FAQs 

Q: Does FMLA Cover Parent-in-Law in California?

A: The FMLA does not cover leave for parents-in-law who require care. However, the CFRA does include parents-in-law under the qualification of an “immediate family member” who’s in need of care.
Therefore, an employee must be eligible for the CFRA in order to take protected leave for the care of a parent-in-law.

Q: What Does FMLA Stand for in Law?

A: FMLA stands for Family and Medical Leave Act within the federal legislature. It outlines which medical and family-related circumstances an employee is allowed to take unpaid leave for, which their employer is legally required to provide. During their leave, qualifying employees maintain job security. The federal act also protects employees in Riverside or other areas in California from enduring retaliatory action from employers for requesting or taking leave in.

Q: What Is Workplace Retaliation for an Employee Taking Leave?

A: Job retaliation for employees taking or requesting family/medical leave may include their employer demoting them, revoking or limiting their access to job benefits, withholding opportunities or other work perks, and wrongful termination. Federal and state law prohibits employers from taking any retaliatory action against employees who ask for or take necessary leave.

Q: Is California an At-Will Employment State?

A: Yes, California recognizes at-will employment, meaning employers are allowed to hire at their discretion when in accordance with employment law.
Employers are also free to terminate employees at will as long as it doesn’t violate employment law, such as wrongful termination. Employees are also generally allowed to leave a job at will.

To Understand if Your Leave Rights Were Infringed Upon, Speak with a Lawyer

At Theory Law, our legal services include focusing on each client’s individual needs while maintaining an honest, transparent dialogue. Get in contact with us if you want to speak with a skilled attorney regarding your case.

How Can Theory Law Help You?

If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.

    enforcer-employment-law
    Holding Employers Accountable

    From the start of your case, Theory Law holds employers accountable by providing aggressive representation. Should it be necessary to go to court for your case, we will professionally and aggressively advocate your rights.

    no-costs
    No FEE Gurantee

    Theory Law will not charge you any attorney fees if you do not get paid a recovery for your case. Unlike some other firms, you are not charged for any case opening fees or attorney retainer fees.

    care-people
    Theory Law Difference

    Our growth and success are in large part from putting people first. We care about you, and we are not afraid to go to trial to get you the maximum settlement. Others may leave more money on the table.

    What people say about Theory Law

    I admire and appreciate your professional service. I recommend you to all my family and friend with pride and confidence. Thanks a lot my friend.
    Salem M.
    October 21, 2021
    You are the best! thank you for your help, always being available to answer questions, taking care of the things I needed, and getting the result I asked for. Will be passing your name to friends and family.
    Karen M.
    November 4, 2021
    Had a great experience with this office. I did not know what to expect but they were very helpful and took time to explain every step. I needed help with an issue i had with employer and they were able to help me. i will call you if i need anything else in the future, thanks!
    Brittney A.
    November 14, 2021
    Skip to content