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Los Angeles FMLA  Lawyer

Most people do not realize that they have certain rights under the law when it comes to medical leave. If you think your rights have been violated by your employer and you need a family medical leave act attorney in Los Angeles, we are here to help. The Azadian Law Group, PC has the experienced and knowledgeable team you need right now. We will get to the bottom of what happened and work to secure the compensation you deserve.

When an employee returns from medical leave, he or she should be returned to the same position and same pay/benefits. See Cal. Code Regs. tit.2, § 11089(b) (“The employee is entitled to the same position or to a comparable position that is equivalent (i.e., virtually identical) to the employee’s former position in terms of pay, benefits, shift, schedule, geographic location, and working conditions, including privileges, perquisites, and status. The position must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority.”)

The Los Angeles Family Medical Leave Act Attorneys at Azadian Law Group, PC can help determine if your rights related to medical leave have been violated.

Medical Leave Rejected

California law is very clear that providing medical leave and altering attendance policies is a reasonable accommodation to provide employees who do not qualify for medical leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).  See California Code of Regulations, Title 2, Chapter 2 § 11068 (“holding a job open for an employee on a leave of absence or extending a leave provided by . . . an employer’s leave plan may be a reasonable accommodation provided that the leave is likely to be effective in allowing the employee to return to work at the end of the leave, with or without further reasonable accommodation, and does not create an undue hardship for the employer.”); see also California Code of Regulations, Title 2, Chapter 2 § 11065 (“Reasonable  accommodation may include, but are not limited to, such measures as: . . . (I) Modifying an employer policy; . . . (M)  Providing a paid or unpaid leave for treatment and recovery, consistent with section 11068(c).”); Sanchez v. Swissport, Inc., 213 Cal. App. 4th 1331, 1338 (2013) (“Under the FEHA, a disabled employee is entitled to a reasonable accommodation—which may include leave of no statutorily fixed duration—provided that such accommodation does not impose an undue hardship on the employer.”).

What is protected when it comes to medical leave in California?

You may not realize that workers are afforded significant protections when it comes to taking medical leave for various reasons. Both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are available to workers.

All 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. In order for an employee to be eligible for FMLA protections, they 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

As of January 1, 2021, the California Family Rights Act (CFRA) does not require the employer have 50 or more employees.  Instead, the CFRA only requires the employer have 5 or more employees.

Under the FMLA and the CFRA, employees can take time away from work for the following reasons:

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

For those who are eligible for and use their legally afforded time off, they can take up to 12 weeks of unpaid leave (this time does not have to be consecutive. Employers are breaking the law if they fail to provide this time or retaliate against an employer for taking their unpaid leave.

  • Even if you did not specifically request medical leave, you are still protected if your employer was aware of the circumstances of your leave.

The state of California has various laws and regulations in place to protect workers who are not eligible for FLMA/CFRA coverage. Please speak with a qualified family medical leave act attorney in Los Angeles about your particular case moving forward.

What your Los Angeles FMLA attorney will do to help you now

Employers should not be able to violate state or federal law. If you have been denied your lawful medical leave by your employer in Los Angeles, CA, seek legal assistance today. At the Azadian Law Group, PC, we have a thorough understanding of these cases and are ready to get to work. Our goal is to secure the compensation you deserve. This can include:

  • Lost back pay and loss of future wages
  • Your court costs and legal fees
  • Possible liquidated damages
  • Pain and suffering damages
  • Possible punitive damages against your employer

When you need a Los Angeles family medical leave act attorney, you can contact us for a free consultation by clicking here or calling us at 213-229-9031.

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