Medical Leave
(FMLA / CFRA)
California Medical Leave Lawyer
Safeguarding Your Rights and Job Security
At Grigorian Law, P.C., we are dedicated to ensuring justice for those who have been denied their rightful medical leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). The following provides information about medical leave laws and how the Grigorian Law, P.C. legal team can assist you if you have been unfairly treated.
Understanding Medical Leave
Medical leave laws provide eligible employees with the right to take unpaid leave for specified family and medical reasons, including personal serious health conditions, the care of family members with serious health conditions, or the birth or adoption of a child. Employers are required to maintain the employee's job or a comparable one upon their return and continue health insurance coverage.
Recognizing Medical Leave Violations
Medical leave law violations can occur in various ways, such as:
- Denial of Leave: Refusing an eligible employee’s rightful request for medical leave.
- Retaliation: Taking negative employment action against an employee for requesting or taking medical leave.
- Interference: Intervening with an employee’s FMLA or CFRA rights.
- Failure to Reinstate: Not allowing an employee to return to their job or a comparable one after their medical leave.
Medical Leave Violation Scenarios
Here are a few scenarios that may constitute medical leave violations:
- An employer denies an eligible employee’s request to take leave for a serious health condition.
- An employee is demoted or receives negative job evaluations after taking medical leave.
- An employer refuses to restore an employee to their former position or a comparable one after returning from leave.
Remedies for Medical Leave Violations
If you have been a victim of a medical leave violation, you may be entitled to remedies including:
- Back pay for lost wages
- Reinstatement to your job
- Compensation for any costs incurred (like medical costs due to loss of health insurance)
- Attorney’s fees and court costs
- Damages for emotional distress
What to Do if You Experience a Medical Leave Violation
If you believe you have been a victim of a medical leave violation:
- Document the Violation: Maintain a detailed record of dates, communications, and any actions taken by the employer. If you have communicated with your supervisor or human resources department about medical leave in writing (e.g., email or text message), then make sure to save a copy or screenshot of the writing.
- Consult a Lawyer: Seek legal advice to understand your rights and potential legal action.
Further Information
For more detailed information about FMLA, CFRA, and medical leave laws, you can visit the Department of Fair Employment and Housing’s website at www.dfeh.ca.gov.
How We Can Help
At Grigorian Law, P.C., we specialize in representing plaintiffs in medical leave law violations. We provide legal representation, advocating for your rights and job security. If you believe you’ve been a victim of a medical leave violation, you may reach out to us for a free consultation.
Your health and family responsibilities should not threaten your job security. We’re here to ensure your rights are upheld and protected.
