Los Angeles FMLA Lawyer

When life events make it necessary to take time off, federal and state law require your employer to grant leave if your situation meets certain criteria. Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), employers must grant you up to 12 weeks of unpaid leave if you are welcoming a new baby, dealing with a family emergency, or recovering from an extended illness or surgery.

Both acts require employers to hold your job or a similar one open and continue to provide group health care benefits. While the FMLA and CFRA differ in some ways, the provisions more generous to employees will prevail, and a knowledgeable attorney can explain how the laws apply to your situation. If your employer has denied you family leave but you believe you are eligible, a Los Angeles FMLA lawyer from Erkel Law, P.C. can review your situation and provide experienced guidance.

What Are the Criteria for FMLA Coverage?

Federal law does not require all employers to provide FMLA coverage, and not all employees benefit from it automatically. The criteria include:

• Private companies must provide unpaid family leave if they employ at least 50 workers within 75 miles of the company’s headquarters
• Government agencies must provide FMLA benefits to employees at all levels, including public school employees
• Private elementary and secondary schools must provide family leave
• Qualifying employers must allow eligible employees to take leave after they have worked at least 1,250 hours over a 12-month period

Once you ask your employer for family leave, they have five days to grant your request or provide a reason why you are not eligible for it. Erkel Law, P.C.’s family leave attorney can intercede with your Los Angeles employer if your situation meets the criteria, but they deny the request for leave.

How Long Is FMLA Leave and What Can It Be Used For?

Both the FMLA and CFRA grant eligible employees up to 12 weeks of family and medical leave, and the laws interpret eligibility broadly. Both expectant and new mothers and fathers qualify, allowing expectant fathers to care for their partners and both parents to bond with the new baby. If you foster a child or adopt one, the laws entitle you to family leave so the child can become accustomed to a new home and parents.

You can also take leave as a caregiver for a sick family member, and if you, your spouse, parent, or child is facing mental or physical challenges that preclude you from working, the laws entitle you to family leave. If a caregiver’s charge is a service member, FMLA leave extends to 26 weeks. An Erkel Law, P.C. lawyer can assess your situation to ensure you are eligible for family or medical leave benefits and that your Los Angeles employer meets the criteria.

Returning to Work Under FMLA Policy

Once you return to work, your employer must reinstate you in your original job or provide a similar one if yours is unavailable. Similar means your wages, responsibilities, benefits, and duties must be essentially the same. For example, if you are a high school literature teacher, similar positions would include high school creative writing or English teacher, but would not include a job as the school’s secretary. If you have questions about returning to work after FMLA leave, a Los Angeles attorney from Erkel Law, P.A. can provide answers.

Call a Los Angeles FMLA Attorney Today To Champion Your Family’s Needs

When you enter the workforce, you understand that you will spend decades building a career in your chosen profession. However, it is inevitable that during those decades you will need time off to care for yourself or other members of your family.

While most employers understand that employees need a balance of work and home time to be happy and productive, some of them will shirk complying with FMLA and CFRA rules. Do not allow them to deprive you of what they owe you. Your family’s needs come first. Call a Los Angeles FMLA lawyer at Erkel Law, P.C. for personalized service and aggressive representation.