Protected Leaves of Absence
Family and Medical Leave Act (FMLA) Violations
The Family and Medical Leave Act (FMLA) is based on federal law and is administered by the U.S. Department of Labor,
Standards Administration, Wage and Hour Division. The California Family Rights Act (CFRA) is state law and administered by the Department of Fair Employment and Housing. In 1993, state legislation changed the state law so it conformed to the provisions of the FMLA.
The FMLA was created to authorize eligible employees to take up to twelve (12) workweeks of paid or unpaid job-protected leave while still protecting their employer-paid health, dental, and vision benefits during a "rolling" twelve month period for any one or more of the following reasons:
- The birth of a child
- The adoption or foster care placement of a child
- To care for an immediate family member who is suffering from a serious health condition (spouse, child, or parent)
- When the employee is unable to work because he or she has a serious health condition
Eligibility for FMLA/CFRA Leave
To be eligible under FMLA/CFRA leave, an employee must have been employed for at least twelve (12) months on the date of which the FMLA/CFRA leave commences, and the employee must have physically worked 1,250 hours during the previous twelve (12) month period. The hours worked are not required to have been consecutive.
Any time taken off for sick leave, vacation/annual leave, administrative time off, compensated time off, holidays, or personal leave cannot be counted towards the 1,250 hours of work.
A twelve (12) workweek period for most employees means 60 working days, or 480 hours. For eligible employees who don't work full-time, the number of working days will be adjusted on a proportional basis. To illustrate, for an employee that works half time, twelve (12) workweeks would mean thirty (30) full days or sixty (60) half days, or it would mean 240 hours.
When an employee returns to work after taking FMLA/CFRA leave, he or she is entitled to be restored to the same position of employment or to an equivalent position with equivalent pay and employment benefits. However, an employee may be temporarily transferred to an available alternative position with equivalent benefits and pay.
Have your rights been violated?
If you believe that you have been interfered with, restrained, or denied any right provided by the FMLA/CFRA policy, or if you have been discriminated against or discharged because of your involvement in any of the "protected leaves of absence," you may have grounds to file a civil action against your employer, and we may be able to help.
Contact a Santa Clarita employment lawyer from Markson Pico LLP!
A few reasons why we should be your first call:
- Attorney Brett S. Markson is selected for inclusion in California's Super
- Attorney Markson formerly represented large Fortune 500 companies in cases involving complex state and federal law.
- We have a former prosecutor on our legal team.
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