Your Rights Under The Family Medical Leave Act (FMLA)
Did you know that as a worker in this country, you are entitled to take up to 12 weeks of unpaid leave per 12-month period to care for yourself or a family member when they are sick?
The Family Medical Leave Act, or FMLA, guarantees this right to American workers for reasons such as:
- The birth or care of a child
- Personal medical leave for an employee with a serious health condition who is unable to work
- Leave to care for a spouse, parent or child with a serious health condition
All employees are eligible for this leave if they’ve worked for an employer for 12 months (having worked at least 1,250 hours during the 12 months before taking leave), and if their work site employs at least 50 people in a 75-mile vicinity.
At Berenji Law Firm, A Professional Corporation, we can help you understand your rights. Far too many workers in Los Angeles, San Diego, San Francisco, San Jose and other California communities don’t understand their rights under FMLA, and are taken advantage of by their employers. If you believe this is the case, do not hesitate to call our firm immediately.
FMLA vs. California Family Rights Act (CFRA)
While the FMLA is active across the country, California also has its own version — called the California Family Rights Act. The CFRA is largely similar to the FMLA, but there are a few important distinctions that affect California workers:
- Pregnancy itself is not covered as a serious health condition under CFRA. Rather, pregnant employees are eligible for Pregnancy Disability Leave, and can take up to 12 weeks of CFRA leave for baby bonding time after childbirth. See the Parental Leave And Pregnancy Discrimination page for more information on your medical leave rights during pregnancy.
- Domestic partners are covered just like spouses in the CFRA, while they are not under FMLA.
- The CFRA has added protections for spouses, children and parents of active military service members.
It Is Unlawful For Your Employer To Retaliate
Under both of these acts, employers must reinstate you to the same or a comparable position when your leave is up, and they are not permitted to retaliate for you having taken leave. Our attorneys have stood up to some of the largest employers across the nation — we believe no one is above the law. If your employer retaliates in any way, we will fight for your rights.