Are you considering filing an FMLA claim against your employer? We can help. Contact our experienced California employment law attorneys today.
Question: What should I do if my FMLA rights have been denied or violated?
Answer:
Over the last year, we’ve represented employees who had claims under both the Family Medical Leave Act and the California Family Rights Act. The FMLA, the Family Medical Leave Act, is the federal statute; the CFRA, the California Family Rights Act is basically California’s version of the FMLA. We’ve had cases in which we represented employees who are current employees of an employer, and that employer violated the CFRA or the FMLA because they refused to provide leave under the CFRA or the FMLA or failed to compensate the employee while they were out in a manner which was consistent with the CFRA or the FMLA.
More often than not, unfortunately by the time they contact the firm, it’s a situation in which the employer has received notice that the employee needs leave, and the employer simply denies the leave and terminates them, or the employee requests the leave, is denied, and then the employee has no other option but to quit.
Both the FMLA and the CFRA protect employees that qualify to have up to 12 weeks of leave per year. You’re entitled to the same position that you had at the time that you took the leave, and you’re also entitled not to be retaliated against for taking the leave. If you feel that you’ve been retaliated against or if you feel that your rights have been interfered with, as it relates to either the FMLA or the CFRA, it’s important for you to talk to an attorney that can answer your questions. If you have any questions regarding your rights under either the CFRA or the FMLA, or your rights under the Fair Employment and Housing Act, and whether or not you’re entitled to a leave as a form of reasonable accommodation, feel free to give us a call. I’m happy to answer any questions that you may have.
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