San Bernardino FMLA Lawyer
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San Bernardino FMLA Attorney
It is important to always be able to take time away from work to prioritize your health and that of your family. If you are an employee in the US, you may have the right to take leave under the Family and Medical Leave Act (FMLA) to care for yourself or your immediate family in the event of serious medical needs. If you are covered by FMLA but your employer is preventing you from taking it, they could be subject to legal action, and you should speak with a San Bernardino FMLA lawyer.
At Theory Law, our San Bernardino employment lawyers understand how important employees are to the infrastructure of California, as well as the laws that are in place to protect them. We help our clients fight back against illegal employment practices, including the denial of medical leave. With our help, you can hold your employer accountable if you are refused the right to care for yourself or a loved one as the law allows.
What Is the FMLA?
The Family and Medical Leave Act of 1993 is a federal law that is enforced by the U.S. Department of Labor. It provides covered employees across the country access to certain rights regarding when and why they can take prolonged leave from their jobs.
Under the FMLA, you are allowed to take up to 12 weeks of leave in any 12-month period if you meet the following criteria:
- Your company employs at least 50 employees, all of whom work within 75 miles of the workplace.
- You have worked for your company for at least one year.
- Over the past 12 months, you have worked at least 1,250 hours for your employer prior to your planned leave.
FMLA protects you from losing your job while taking extended leave. Additionally, you are protected from retaliatory actions by your employer, such as being passed over for a promotion for which you are qualified or demoted because of your leave. If your employer attempts to terminate your employment while you have taken your legally allowed leave, you may be able to recoup damages for lost wages, emotional distress, and a loss of benefits.
When Can I Take FMLA Leave in San Bernardino, CA?
You must provide your employer with 30 days’ notice prior to taking leave and will also have to disclose exactly why you are applying for FMLA. This leave is legally protected by federal law, which means there are many possible situations that could allow you to take FMLA leave in San Bernardino, including:
- If you are an expectant mother or father, you can take FMLA leave to prepare for childbirth and to care for your newborn. For fathers, FMLA can be used to not only care for the child but also look after the mother’s health.
- You can take FMLA leave if you are planning to adopt a child and will need time to help them get accustomed to their new normal and bond with you. The same rule applies if you are receiving a child who is in foster care, and you will need time to help them adjust.
- Health condition. If you are suffering from a serious health condition and need time away from work to recover, you can use FMLA leave to take the necessary time to recover as per your doctor’s orders.
- Family care. If one of your family members is dealing with a serious medical condition, you can take FMLA leave to help care for them. Eligible family members covered under FMLA leave include a spouse, children, and parents. A serious health condition generally involves some form of incapacitation that you will need to help them with.
These are just a few examples of the circumstances that qualify for FMLA. However, each circumstance is unique, and an FMLA lawyer can help you understand your circumstances and apply for any leave you may qualify for.
San Bernardino FMLA Law FAQs
Q: What Are the Protections of FMLA in San Bernardino, CA?
A: The protections of FMLA leave in California allow qualifying workers to take up to 12 weeks off in any 12-month period to give them time to deal with a family matter that would otherwise impede their job performance. This includes bonding with their newborn child, adopting or fostering a child, recovering from a serious illness, or helping a close family member recover from a serious illness. FMLA leave guarantees job security for those who need to use it.
Q: Can My Employer Deny My FMLA in San Bernardino, CA?
A: Yes, your employer can deny your FMLA leave in California, but only if your reasons for taking FMLA leave are not covered by the Act or by California labor laws. Extended leave is not allowed without cause. It must be a reason covered under the FMLA, such as a family emergency, childbirth, or illness recovery. If your employer denies your leave but you were eligible, you may be able to bring legal action against them.
Q: How Much Does California Pay for FMLA?
A: California’s Paid Family Leave (PFL) program provides short-term wages for those who are taking prolonged family leave for up to eight weeks during a 12-month period. The weekly benefit amount under this program is roughly 60% to 70% of the wages you earned up to 18 months prior to the date that your leave begins. FMLA itself is an unpaid federal program that is designed to help you care for yourself or family in order to return to work.
Q: Are In-Laws Covered Under FMLA in California?
A: No, your in-laws are not covered under FMLA in California. FMLA leave requirements only cover three specific types of family relationships: Spouses, children, and parents. While not covered under FMLA, in-laws are covered under the California Family Rights Act (CFRA), which is another avenue to take when it comes to prolonged family leave benefits.
San Bernardino FMLA Lawyer
Having to take prolonged family leave from your job can be a stressful situation, especially when the reason you are taking that leave is to become a parent or help a loved one recover from a serious illness. Retaining the services of an FMLA lawyer can help the process along. The legal team at Theory Law can help you with your case and ensure that you are not taken advantage of. Contact us today to schedule a consultation with our team.
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.
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