Long Beach Family Medical Leave Act (FMLA) Lawyer

Life can lead to many unexpected changes that necessitate taking time off of work and caring for yourself or family members. The Family and Medical Leave Act (FMLA) is a federal law that accounts for this. If you have been denied leave, are facing retaliation due to a leave request, or have been fired while taking protected leave, a Long Beach Family Medical Leave Act (FMLA) lawyer from Briana Kim, PC, can help you defend your rights and receive protection.

Whether you have recently welcomed a child into the world, are grappling with a severe health condition, or need to care for a sick family member, the Family Medical Leave Act gives critical protections to workers, allowing them to take time off without fear of losing their jobs. However, workers in Long Beach and surrounding areas continue to face challenges after exercising their rights to take protected leave.

Understanding the Family Medical Leave Act

The Family and Medical Leave Act (FMLA) was established in 1993 by the federal government, stating that employers must give their workers up to 12 weeks of unpaid leave each year. Their leave must be related to certain medical and family reasons. This legislation is in place to assist employees with being able to take critical time to care for their own health and the health of their loved ones without having to fear that they will lose their jobs.

Under the Family and Medical Leave Act, workers are entitled to the following protections:

• Continued employment. After returning from leave under the FMLA, workers must have access to their previous job or an equivalent position that offers the same income, benefits, and employment terms.
• Fear from retaliation. Workers are legally protected from being retaliated against by their employers for taking or requesting to take FMLA time off.
• Continue with health benefits. Although employers are not required to pay workers during FMLA leave, they must maintain their employee’s health insurance coverage as if they had not taken leave.

By being aware of crucial job protections under federal and California state guidelines, workers can increase awareness of their employment rights, allowing them to exercise their right to benefits and protect themselves from mistreatment.

Common Employer Violations of the Family Medical Leave Act in Long Beach, California

Despite the guidelines laid out by the Family and Medical Leave Act (FMLA) being clear and relatively straightforward, employers in Long Beach and surrounding areas still continue to violate these provisions, denying workers the protected leave they are entitled to. Briana Kim, PC commonly sees the following forms of FMLA violations:

• Denying leave. Some employers may deny FMLA leave requests, even if workers are legally entitled to them. Denial incidents can include claiming an employer does not qualify by law or failing to approve the employee’s leave for a valid reason or failing to timely educate an employee of his/her eligibility. If you meet the legal requirements for taking FMLA leave and your employer has denied you leave, you may have legal grounds for a claim.
• Retaliation for FMLA leave. Unfortunately, it is not uncommon for employers to take punitive action against workers for requesting or taking FMLA leave. If you have faced retaliation, such as a reduction in payment or hours, harassment, termination, or demotion, you may have grounds for an employment law case.
• Failure to receive job reinstatement. If you have returned from FMLA leave, and your employer did not let you return to your original or an equivalent job, you may have grounds for a case, so long as your former position still exists. For example, if you have returned to work and are being paid less, given fewer hours, or have been demoted, your employer could be engaging in unlawful behavior.
• Threats or intimidation. If you are discouraged from taking your FMLA leave after making a request, such as through intimidation or threats, your employer could be breaking the law. If your employer is claiming that taking leave will have a negative impact on your career or that certain actions need to be taken in order for FMLA leave to be approved, even if you are already eligible, it is critical to seek adequate legal counsel as soon as possible.
• Employee misclassifications. Employers may sometimes misclassify workers to avoid having to provide them with protected, unpaid leave under FMLA. Examples of misclassification are saying the worker works in a location with less than 50 employees, or stating that the employer has not worked the hours required in the 12 months following up to leave. Their claims could be unlawful and could be grounds for an employment lawsuit.

If you believe your employer is breaking the law by denying you the crucial leave protections you are entitled to or engaging in retaliatory behavior against you for exercising these rights, it is crucial to work with experienced legal counsel. A compassionate and skilled employment lawyer from Briana Kim, PC, is here to listen to your side of the story and help you collect evidence to build a strong case and hold your employer accountable for their actions.

How a Long Beach Family Medical Leave Act (FMLA) Lawyer from Our Firm Can Help

Briana Kim, PC, has years of experience helping clients navigate the complexities of FMLA law to take the leave they are entitled to. We staunchly believe in assisting employees who face challenges regarding FMLA leave or who have faced retaliation as a consequence of exercising their workers’ rights. We are here to assist with the following:

• Initial consultation. Our firm can offer an initial consultation to discuss your case with you, review subsequent evidence, and help you understand whether you have grounds for a lawsuit. We can help you understand which parts of FMLA your employer may have violated and help you explore various legal avenues to move forward.
• Case investigation. After taking on your case, an attorney from our firm can help you carry out an in-depth investigation regarding the situation surrounding your FMLA leave. We can look into communications you have with your employer, your history of employment, and other evidence that is indicative of a breach. We will collect crucial evidence to strengthen your case.
• Complaint filing. Depending on the details of your case, you may need to file a complaint with the relevant government agency, such as the US Department of Labor Wage and Hour Division or pursue litigation in federal or state court. A diligent attorney from our firm can help you walk through each step of these legal processes, ensuring documentation is adequately filled out and filed on time.
• Pursuit of compensation. Depending on the details of your case, you may be entitled to different forms of compensation, such as financial amounts that cover lost wages and benefits, damages from emotional distress, and attorney fees. Furthermore, if relevant to the situation, you may be eligible to receive job reinstatement to your previous position or a similar one.

We can leverage our legal knowledge and investigative skills to prove not only that your employer violated the law but that you suffered extensive damages. We will conduct a thorough investigation of everything you have lost, documenting all damages so that your final compensation settlement is reflective of the damages done to you by your employer.

Knowing the Difference: FMLA v. CFRA (California Family Rights Act)

In addition to federal protections provided under FMLA, California has its own family and medical leave law, which is the California Family Rights Act (CFRA). While these laws share general similarities, there are key differences between the two, including the following:

• Pregnancy leave. Unlike FMLA, CFRA does not cover pregnancy disability leave because California’s Pregnancy Disability Leave (PDL) provides these provisions. Under California laws, pregnant women are entitled to up to four months of pregnancy leave and then up to12 weeks of childcare leave or recovery under CFRA. There is also no eligibility period under PDL.
• Domestic partners care. While FMLA does not include domestic partners as qualifying family members for employers to take leave and care for their severe health conditions, CFRA does. Therefore, under California law, workers can take leave to care for a registered domestic partner who has a severe health issue.

There are various California state and federal laws in place that provide workers in Long Beach and surrounding areas with crucial time needed to leave their jobs without facing retaliation or potential termination. An experienced lawyer from Briana Kim, PC, can help you understand whether your rights have been breached within this complex legal framework and work to pursue justice.

Who Is Eligible for Protections Under the Family Medical Leave Act?

Unfortunately, the protections of the Family and Medical Leave Act do not apply to everyone. Certain types of workers may not be entitled to unpaid, protected leave under FMLA, and certain employers may not be required to provide these benefits to their workers. Employees must meet the following requirements to qualify for FMLA leave:

• Be working for a qualifying employer. FMLA applies to public or private elementary or secondary schools, public agencies, and private employers with a certain number of employees. To take leave under FMLA, an employee must be working for an employer that meets these qualifications.
• Be working within a certain radius of a qualifying company. Workers who do not work for an employer that meets the aforementioned requirements can be entitled to leave under FMLA if they work at a location that adds up to 50 or more employees in the company within a 75-mile radius.
• At least 12 months of working for the employer. To take leave under FMLA, a worker must have worked at least 12 months with their current employer. However, these 12 months of employment do not need to be consecutive.
• Meet the minimum hour requirements. To take leave under FMLA, the worker must have contributed at least 1,250 hours of labor in the year prior to the day they take leave.

Understanding whether you may be eligible for protections under FMLA or other crucial California or federal legislation can be complicated, as such laws can be complex, requiring specific legal knowledge. An experienced employment lawyer from Briana Kim, PC, can assess your case and help you understand whether you qualify for leave under FMLA and other relevant landmark legislation.

For What Reasons Can I Request FMLA Leave?

If you are a qualifying worker, there are specific situations covered under the FMLA that allow you to request time off from work without fear of retaliation or termination. If the following situations apply to you, you may be able to request FMLA leave:

• Birth or adoption of a child. Under FMLA, parents may be able to take leave for the birth of a new child or if a new child is coming to their home via adoption or foster care. Both fathers and mothers are entitled to request this leave to care for their new children and welcome them into the family.
• Caring for sick family members. Workers can take leave under FMLA to provide care for a parent, child, or spouse who is grappling with a severe health condition. Unless the child is disabled, FMLA defines a child to be a person who is under the age of 18.
• Personal health recovery. If you are not able to work due to a severe health condition, you have protections under FMLA to take leave to facilitate your recovery. Serious qualifying health conditions include mental or physical conditions, physical impairments or injuries, and illnesses that require continuous care from a healthcare provider or inpatient care.
• Military family leave. Under FMLA, workers can take leave for certain military-related instances. For example, they can take off work to care for a family member in the service who has a severe illness or injury or to make childcare arrangements for a military member’s child.

If you are unsure about whether your reasons for taking the leave qualify under federal or state law, our experienced employment lawyer from Briana Kim, PC, can discuss your case with you to ensure your rights are protected and that you fully exercise your benefits under the law.

Secure Your Job Protections with a Long Beach Family Medical Leave Act (FMLA) Lawyer

Whether you need to take care of a close family member who has severe health conditions or would like to bond with your new baby, you have federal and state protections in place to allow you to take leave without fear of retaliation or termination. If you believe that these rights have been breached, an experienced Long Beach Family Medical Leave Act lawyer from Briana Kim, PC, is here to help you fight back. Contact us today to get started.