Employees are given a certain number of days to be off work to take care of their health as well as their family’s concerns. However, in order not to abuse these rights, laws were enacted to provide the minimum standards when leaves are allowed, especially in cases of health or medical emergencies. Under the Family and Medical Leave Act (FMLA), employees may file for leave for Giving birth, adopting, or placing a child into foster care dealing with one’s own serious health condition; attending to the needs of a family member who has a serious health condition; take time off in the event a family member is called to active military duty; or take time off to take care of a seriously injured or sick family members in the military.
In California, a similar enactment exists. Under California Family Rights Act (CFRA) an employer cannot deny an employee the right to take emergency leave on account of the above reasons. By these laws, an employer is not allowed to use these leaves as measure of an employee’s performance. More importantly, an employer cannot deny or retaliated against their employees for obtaining said protected leaves. If you or any of your co-workers were not allowed the above leaves or were retaliated against or harassed after obtaining said leaves, then you should seek legal assistance from our top FMLA claim attorneys right away. We can assist you in explaining to your employer the error of his ways and seek FMLA claims against the same for any damages, pain and suffering and other losses you suffered as a result of said labor law violation.
If you are claiming damages for denied leaves under FMLA statutes, you should know that there are minimum standards you need to comply with in order to be eligible under the law, among them are that you: must have worked for your employer for at least 12 months; must have at least worked a total of 1,250 hours during the 12-month period; and that you must have been worked at a workplace that has at least 50 employees within a 75-mile radius. If you are not sure if you are covered by FMLA laws, you can call our caring Family and Medical Leave Act attorney in Los Angeles for help. We are knowledgeable in all laws relating to FMLA rules and procedures. Even if you don’t fall under this law, we can help explain to you other laws that may relate to your predicament so that your employer will not be able to escape liability for wantonly violating your employment and labor law rights.
As earlier mentioned, not all medical leaves and illnesses can be used as excuse to obtain emergency leave. If you want to accompany your wife to a cosmetic procedure you may file for an ordinary leave subject to your employer’s approval. If your employer denies your request, you cannot file a claim against your employer for violation of your family and medical leave rights. This also applies to family health concerns that are technically not emergencies like minor cough, colds or flu. In determining whether it is an actual emergency subject of FMLA or CRFA laws, the illness or medical concern must be serious. If you feel that your rights have been violated by your employer and you are unsure on what to do, e.g., what to claim and how to claim your damages – call our FMLA discrimination attorneys right away. Sometimes, your employer’s refusal to grant you your mandated leaves stem from a deeper reason, albeit nefarious, which is because you are actually being discriminated against by your employer. If this is the case, we will be more than happy to put your employer to task and obtain for you the highest compensation you deserve.
Free legal consultation for your FMLA claims
Having family emergencies that threaten the safety and health of your family is bad enough. It is therefore unconscionable for your employer to harass you or discriminate against you by not providing you your mandated leaves. If this happens to you, our best FMLA lawyers in Los Angeles will fight tooth and nail to get you the maximum compensation you deserve. We have over a decade of combined experience in dealing with employment and labor law violations and issues, to include violation of FMLA and CFAR leave laws. We understand and are aware that most employees don’t have the financial capacity to hire the best lawyers to help them with their claims. This is why we decided to offer contingency based representation to all employee victims and we even grant No Win No Fee warranties to further assure them that they will always get the best legal service they deserve regardless of the actual value of their claims. Don’t delay, call us now for your free legal consultation so we can immediately address your employment and labor law concerns.