Temecula FMLA & CFRA Lawyer
Unfortunate events can have a significant impact on your personal life and responsibilities to loved ones, but fear of losing your job should never prevent you from taking care of family. Plus, there are many joyous occasions that can lead you to consider a break from work. The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) were enacted to protect the rights of employees who need time off work for designated reasons. However, employers often shirk the statutory requirements or make mistakes in implementing company policies regarding leave laws.
Regardless of the reasons, employer misconduct in the area of FMLA/CFRA is actionable. The laws also provide a process through which employees can recover compensation for legal violations. Our Temecula FMLA & CFRA lawyers at The Law Office of Karen J. Sloat, APC can assist you in pursuing your remedies, so please contact us to set up a free consultation regarding the specifics. An overview may also help you understand the basic points.
Protections Under Employee Leave Laws
FMLA and CFRA include similar provisions related to worker time off, but the California statute covers more employees and situations than the federal law. For instance, only companies with 50 or more workers are required to comply with FMLA; CFRA requirements apply to all employers with 5 or more employees. However, both laws require that an individual be employed for at least 12 months to be entitled to leave.
Subject to some deviations, the statutes provide the following protections:
- Employers must provide qualifying workers with unpaid leave for designated reasons.
- Upon returning to work, employees are entitled to be reinstated to the same or a comparable position.
- Workers have job protection for up to 12 weeks of time off.
- You qualify for FMLA/CFRA protections if your reason for seeking leave is to care for your own serious health condition, the medical needs of a family member, to bond with a new child, or any other reasons allowed by law.
Options for Employees When Employers Violate the Law
There are two scenarios that may give rise to protections under FMLA and/or CFRA.
- Your employer denies your request for leave.
- Upon return, the company does not reinstate you or terminates your employment while you are away.
Your remedies for employer misconduct may involve filing an administrative claim with the Division of Labor Standards Enforcement (DLSE) or filing a lawsuit against your employer. The Temecula FMLA/CFRA attorneys at The Law Office of Karen J. Sloat, APC are dedicated to recovering all monetary damages, including back pay, lost benefits, and interest. You may also seek equitable relief, such as reinstatement to your position.
Trust Our Temecula FMLA and CFRA Lawyers for Skilled Representation
If you were denied leave or were subjected to illegal conduct upon your return to work, please contact The Law Office of Karen J. Sloat, APC at 760-779-1313. We can schedule a no-cost case review to learn more about your circumstances. Our employment attorneys support employees throughout Southern California, so we are prepared to take on your case.