Sacramento FMLA Lawyer

Sacramento FMLA Attorney

When you or your family members experience medical problems that require extensive care, the federal Family and Medical Leave Act can provide you with peace of mind that your job is secure and your benefits will remain in place. Unfortunately, not all employers honor this federal program and may attempt to deny you the benefits. If your employer violates your right to leave, you need an experienced Sacramento FMLA lawyer on your side.

At Fulton Law Corporation, we have over two decades of experience representing employees whose rights have been violated by their employers. Our knowledge and experience of FMLA laws and protections allow us to ensure you have the peace of mind to tend to your own personal medical needs or those of your family without fear of retaliation or losing your employment. If you feel you have been denied this legal benefit, our team can help.

The Family and Medical Leave Act

The federal Family and Medical Leave Act allows employees to take unpaid leave time for family and medical-related reasons while their jobs are protected. FMLA is required for employers with more than 50 employees. For an employee to be eligible, they must have worked for their employer for at least 12 months and at least 1,250 hours within those months.

Employees may take FMLA leave for:

• The birth or care of a child
• The placement or adoption of a child
• Caring for an immediate family member, such as a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition
• Situations, injuries, or illnesses that arise from a family member’s military service

These qualifications are guaranteed to every qualified employee. If you feel you have a right to leave, an employment law attorney could help you successfully navigate the process to receive the leave you are entitled to.

Employer’s Obligation Under FMLA

Under the FMLA, eligible employers are required to guarantee their employees can return to their same or equivalent position with the same pay, benefits, and terms of employment. Employers must provide clear notice to employees about their rights and responsibilities under the FMLA, as well as how to request it. They are required to maintain accurate records of when leave is taken and to ensure compliance with the law.

California Family Rights Act

The California Family Rights Act is a California labor law that is similar to FMLA and provides employees with the following benefits:

• Provides up to 12 weeks of leave for family and medical reasons.
• Allows you to maintain healthcare benefits while on leave.

FMLA and CFRA do have differences, however. These include:

• Applies to employers with 5+ employees.
• Includes leave to care for a domestic partner and their children.
• It can be more flexible and allow for intermittent leave or reduced work schedules.

No matter what type of medical or family emergency you are facing, be sure to speak with an attorney who can help you navigate the leave options you have to appropriately address your needs without the fear of losing your job.

Violations Against FMLA or CFRA Rights

It is against the law for an employer to interfere with your FMLA or CFRA rights. It is also prohibited for them to discriminate or retaliate against you for taking your leave.

Some of the most common violations include:

• The denial of leave, even when you are eligible
• Failure to reinstate the employee into their position or retaliate with pay cuts
• Termination
• Denying promotions
• Not maintaining healthcare benefits
• Incorrectly designating the leave

These violations may be unintentional or masked in other decisions that may appear legal. If you feel your rights have been violated in any way, be sure you speak with an attorney who can help you navigate the options available to you.

Steps You Can Take

If you believe your employer violated your FMLA or CFRA rights, keep a detailed record of all the interactions with your employer related to your leave or request, including emails, letters, or meeting notes. Save any documentation, including medical certifications, requests for leave, or any negative impacts on your employment.

We recommend that you seek legal assistance as soon as possible because an employment law attorney can review your case, provide information about your options, and advise you of your rights. Choosing the right advocate to be on your side can help build the strongest case possible and help you take the next steps. They will help you fight for damages you may be entitled to, including:

• Economic damages. Economic damages are meant to compensate an employee for their financial losses, including lost wages or benefits, back pay if they were terminated, lost health insurance, or retirement contributions. Employees may also have their attorney’s fees and court costs reimbursed.
• Emotional distress damages. Under federal law, emotional distress damages cannot be awarded if FMLA rights were violated, but California allows it in CFRA cases. This is compensation for mental anguish, anxiety, stress, or other emotional harm they may have suffered.
• Punitive damages. FMLA law does not allow for punitive damages, but it is allowed in CFRA cases. Punitive damages are meant to punish an employer if their actions were malicious, oppressive, or fraudulent. An employee must be able to demonstrate that their employer’s conduct was more than just negligent.

Employers in Sacramento, California, who violate these federally protected laws should be held accountable for their actions. That includes paying the damages you may be owed. An attorney will review the circumstances of your case and help you determine the number of damages you may be entitled to.

FAQs

Q: Which Employees Are Entitled to FMLA?

A: To be eligible for FMLA, an employee must have worked for the employer for the last 12 months and worked a minimum of 1,250 hours in those months. The employee must be leaving for the birth or adoption of a child, care for themselves or an immediate family member with a serious health condition, or a family member’s military service causes an urgent situation or a serious injury or illness.

Q: What Information Do I Need to Give My Employer if I Take FMLA?

A: If you are requesting FMLA, you need to notify your employer at least 30 days’ notice, if feasible. Explain the reason for the leave and provide any medical certification from your healthcare provider if necessary. Make sure you keep your employer updated about your return or if you need an extension.

Q: What Is an Employer’s Obligation Under the Family and Medical Leave Act?

A: Under FMLA, an employer is required to provide up to 12 weeks of unpaid leave, maintain the employee’s health benefits during their leave, maintain their seniority and count that time towards the company’s seniority system, and then return the employee to the same or similar position once they return. Employers must inform their employees of their FMLA rights and responsibilities.

Q: How Does California’s CFRA Relate to FMLA?

A: The FMLA is a federal law, and CFRA is California-specific. They are both like each other, but FMLA only covers employers with 50+ employees, while the CFRA applies to employers who have 5+ employees. CFRA also covers leave to care for domestic partners, and the provisions can sometimes be more flexible to include intermittent leave or reduced work schedules. If both apply, they run concurrently.

Sacramento FMLA Lawyer

If you believe your employer violated your FMLA or CFRA rights, and you were terminated or experienced other adverse employment actions, you may have a legal case. Consult with a knowledgeable employment attorney to protect your rights and explore your options.