Los Angeles Family and Medical Leave Act
Family and Medical Leave Act (FMLA) allows employees to file leaves for giving birth, adopting, or placing a child into foster care or dealing with one’s own serious health condition, attending to the needs of a family member who has a serious health condition, taking time off in the event a family member is called to active military duty or taking time off to take care of a seriously injured or sick family members in the military.
The mandated leaves are provided for by law and, hence, your employer cannot deny you these leaves. Otherwise, he will be violating employment and labor laws and will be subject to damages and other compensatory claims. If you are working in California, there is a more specific law enacted to protect your rights to emergency leaves. Under California Family Rights Act (CFRA) your employer cannot deny you the right to take emergency leave on account of the above reasons. Hence, your employer cannot use your taking of the mandated leaves as signs of tardiness or poor performance at work.
If you or any of your co-workers were not allowed the above leaves or were retaliated against or harassed after obtaining said leaves, then you have a right to file damages against your employer. However, if you are claiming damages under the FMLA you should know that there are minimum standards you need to comply with in order to be eligible under the law. Hence, if you really want to make sure that you get the highest compensation you deserve for violation of your FMLA rights, the best thing to do is seek help from Mesriani Law Group’s Family Medical Leave Act attorneys in Los Angeles who have decades of experience in providing top awards for employment and labor law claims.
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Employees in the US in general and in California in particular are given a certain number of days to be off work to take care of family emergencies. These rights to take leaves off from work include:
- Giving birth,
- Placing a child into foster care
- Dealing with one’s own serious health condition,
- Attending to the needs of a family member who has a serious health condition,
- Taking time off in the event a family member is called to active military duty or
- Taking time off to take care of a seriously injured or sick family members in the military.
LAWS PROTECTING FAMILY EMERGENCY LEAVES
Under the Family and Medical Leave Act (FMLA), employees may file for leave for the above mentioned family emergencies. However, in order to prevent abuse of the FMLA benefits, there are minimum standards you need to comply with in order to be eligible under the law, among them are as follows:
- Must have worked for your employer for at least 12 months;
- Must have at least worked a total of 1,250 hours during the 12-month period; and
- Must have been worked at a workplace that has at least 50 employees within a 75-mile radius.
There is a similar law specifically enacted for California employees. Under California Family Rights Act (CFRA) an employer cannot deny an employee the right to take emergency leave on account of the above reasons.
WHAT LEAVES ARE NOT COVERED BY FMLA AND CFRA?
Only serious medical and family emergencies are covered by the prevailing laws. Hence, if you want to accompany your wife to a cosmetic procedure you may file for an ordinary leave subject to your employer’s approval. Cosmetic surgery is not a health emergency and hence you cannot invoke your right under the foregoing laws. The same applies to ordinary health problems of your family like coughs and colds. These are not considered as family emergencies serious enough to claim leaves under FMLA or CFRA.