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Did you know that you are allowed medical leave if your employer falls under the Family Medical Leave Act? Do you need a medical leave attorney because your employer discriminated against you for taking medical leave or for not giving you leave at all?

At the Azadian Law Group, PC, we are ready to investigate what happened. We believe in holding employers accountable when they fail to follow the law. Let us get to work today so we can secure the compensation you deserve.

Who is covered when it comes to medical leave?

When it comes to protecting workers, the federal Family and Medical Leave Act (FMLA) must be followed under certain circumstances. In addition, the California Family Rights Act (CFRA) offers state protections.

California employers must comply with the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year. To be eligible, an employee must:

  • Have worked for the company at least a year
  • Have worked at least 1,250 hours the previous year
  • Have worked at a location with 50 employees within a 75-mile radius

What conditions are covered for medical leave?

There are various situations that are covered under the FMLA/CFRA, including an employee who needs time off for:

  • The birth of a child or adoption of a child by the employee
  • Recovery from a serious health condition requiring continuing treatment or inpatient care
  • A serious health condition of a spouse, child, or parent

Those who are eligible under these laws should be entitled to take up to 12 weeks of unpaid leave. Employers who fall under these laws must provide accommodations.

What about reinstatement after leave is over?

This is where many people find discrimination. When an employee returns from medical leave, they must be returned to the same pay and benefits schedule and the same position or seniority.

  • Employers cannot legally retaliate against you for taking or requesting leave under FMLA/CFRA.

Even if you did not specifically request medical leave, you are still protected when your employer was aware of your medical needs or reasons for the medical leave.

California has various other sick leave laws in place to protect workers not eligible under FMLA/CFRA. Please speak to your attorney about these cases.

What happens moving forward?

Please understand that you are protected by state and federal law in most cases. At the Azadian Law Group, PC, our Pasadena medical leave lawyers are ready to step in if your employer has violated the Family Medical Leave Act or the California Family Rights Act. Let us investigate what happened so we can secure the compensation you deserve, including:

  • Lost back pay and lost front pay
  • All of your court costs and legal fees
  • Possible liquidated damages
  • Pain and suffering damages
  • Possible punitive damages against your employer

You will see no out-of-pocket costs from us, and we will only collect our attorney fees if we are successful with your case. If you need a Pasadena medical leave lawyer, you can contact us for a free consultation by clicking here or calling us at 626-449-4944.

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