Family and Medical Leave Act Attorneys
Pregnancy Discrimination Claims in California
Originally signed into law in 1993, the Family and Medical Leave Act (FMLA) began as a legislative initiative designed to expand the rights of employees. Today, it is the primary piece of legislation that enables working Americans to equitably balance their professional careers with the demands of their personal and family lives.
The FMLA primarily establishes the duties and laws that employers must uphold and comply with when permitting workers to take leave. It requires all employers to provide their employees with unpaid, job-protected leave for qualified medical or family reasons.
Employees’ Rights to Medical Benefits
Under the FMLA, eligible employees who take leave for qualifying reasons are also entitled to remain under group health insurance coverage with the same terms and conditions as if they had not taken leave.
Upon return from leave, employees will be entitled to return to the same position they had before, or to one that provides equal benefits, pay, and responsibility. Employees will also be protected against employer retaliation prior to, during, and upon return from leave.
Employer retaliation includes any adverse employment actions taken by the employer against the employee, such as termination, demotion, negative evaluation, and changes in shifts, among others.
The FMLA does not apply to all employees, although the majority of American workers are considered eligible employees under the act. Unique factors that impact eligibility include the size of the employer, the length of time that an employee has been with the company, and the facts regarding the employee’s leave. If you are unsure as to whether you are considered an eligible employee, our employment attorneys can evaluate your unique situation to determine your status.
Qualifying Reasons for Leave
Under the FMLA, eligible employees of covered employers have the legal right to take unpaid, job-protected leave for any of the following reasons:
- Birth and care of a child within one year of birth
- Placement of an adopted or foster care child within one year of placement
- Care for spouses, children, or parents with a serious health condition
- Family leave for employees whose spouse, child, or parent is on covered active duty (military)
In these cases, employees are entitled to 12 workweeks of leave in a 12-month period. Additionally, workers are entitled to 26 workweeks of leave during a 12-month period in order to care for a spouse, child, parent, or next of kin who is a covered military member.
California expands the list of qualifying reasons allowing eligible employees to unpaid, job-protected leave to attend a child’s school or educational events, among other reasons.
In addition to the FMLA, the California Family Rights Act provides job-protected leave to qualifying employees. If you are disabled and need a leave of absence or other reasonable accommodation, the lawyers at Chaleff Rehwald can assist you in determining your rights.
Discuss Your Case with Chaleff Rehwald
For nearly four decades, the employment attorneys at Chaleff Rehwald have established a winning record representing people from all walks of life in California. We are ready to aggressively represent you to recover just compensation for lost wages, unpaid overtime, harassment and discrimination, whistleblowing, and all other violations of California and federal employment law.
If your employer has violated the FMLA act, contact the employment lawyers at Chaleff Rehwald for expert assistance. A lawyer from our team will discuss your options during a comprehensive and free case evaluation. Swift action will be taken on your behalf.