FMLA leave is the most common type of protected leave. The Family and Medical Leave Act (FMLA) allows an employee to take protected leave for a serious health condition or the serious health condition of a family member, spouse, or domestic partner. Employees are allowed to take up to 12 weeks of medical leave for these reasons. Your employer must abide by the FMLA if their business employs at least 50 employees. If you think you have been illegally denied your rights under The Family Medical Leave Act, call Davtyan Law Firm to discuss your case.
Who Is Eligible For FMLA?
Government employees at the local, state, and federal levels qualify for FMLA leave. In the public sector, employees of businesses that have 50 or more employees are eligible for this kind of protected leave. The worker applying for the leave must have worked for the employer for at least 12 months (these do not have to be consecutive) and have worked at least 1,250 hours in the previous 12 months to qualify.
What Medical Conditions Qualify For FMLA?
- Medical conditions that require an overnight hospital stay
- Illnesses that make you or a qualifying family member unable to work or attend school for more than 3 days and require multiple medical appointments
- Chronic medical conditions that require at least 2 medical appointments per year
- Pregnancy, as well as the birth or adoption of a child
- Organ donation
Do I Get Paid While On FMLA?
Typically, employers are not required to pay you while you are on FMLA leave. You may also choose or be required to use accrued sick leave. However, your employer may offer other paid leave benefits. You may also be eligible to receive wage replacement benefits through Disability Insurance or Paid Family Leave.
Contact Our California FMLA Law Firm
If you believe you have been wrongfully terminated for taking a protected leave of absence in California, your employer is in violation of California Employment Law. If you are refused paid or unpaid leave by your employer, contact our knowledgeable California FMLA legal team at Davtyan Law Firm as soon as possible.
With the help of our legal team, you may be able to file a lawsuit against your employer for a California leave law violation to get your job back and/or recover lost wages and other monetary damages. When your employer attempts to take advantage of your employee rights to medical leave and other protected leaves, you need an experienced California employment lawyer on your side.