FAMILY AND MEDICAL LEAVE LAWYERS - LOS ANGELES CALIFORNIA

Blady Weinreb Law Group LLP’s Los Angeles attorneys represent employees in claims for family and medical leave discrimiantion under California Law (Califonira Family Rights Act) and/or federal law (Family Medical Leave Act).  employers. We represent older employees in both individual and class action cases throughout Los Angeles County and nearby counties, such as Orange County and Ventura County. If you believe you have been subjected to an improper denial or retaliation for taking or needing to take family and medical leave, please contact one of our Los Angeles lawyers at 323-933-1352.

California Law Prohibits Family and Medical Leave Discrimination

Under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), an employer may be required to provide leave time for medical or family reasons. To qualify for a family or medical leave: 

    (a) The employee must have been employed for at least 12 months and have worked at least 1,250 hours during those 12 months. 
    (b)  The employer must have at least 50 employees either at the facility where the employee works, or a total of 50 employees located within a 75 mile radius of the workplace.

Eligible employees may take up to 12 weeks of unpaid leave from work each yeaer under the following circumstances: 

    •For their own serious health condition; 
    •To care for family members who have a serious health condition; and 
    •For the birth or care of a newborn or adopted child.

In general, the definition of a "serious medical condition” is a condition that (1) necessitates either inpatient treatment, two or more doctors visits, or one doctor’s visit plus continuing treatment, and (2) incapacitates the employee for more than three consecutive days.

If an employee needs FMLA leave, the first step is to request a medical or family leave. Once an employee requests leave, the employer can require the employee to submit medical or other documentation to support the need for leave. In certain cases, however, where advance notice cannot be given, like a severe medical emergency, the employee may request leave after the emergency.

To be eligible for medial or family leave, an employee need not specifically inform the employer that he or she needs “FMLA” or “CFRA” leave.  An employee may  notify the employer that he or she has a “serious health condition”, or provide information that shows he or she has such a condition. If the employer wants more information, it must ask for information to the extent allowed by the applicable statute.

Importantly, under the CFRA (unlike the FMLA) employers may not any diagnosis, treatment, or other “medical facts” supporting an employee’s need for leave. If a healthcare provider’s certification states that the employee has a “serious health condition” as defined by CFRA, and also states the date of onset and probable duration of the condition, the employer cannot ask for any additional information. Employers who question the validity of a “sufficient” medical certification are given two options by statute: (1) Grant the requested leave or (2) Pay for the employee to be examined by a second healthcare provider. If the employer insists on a “second opinion”, and that opinion conflicts with the first, there must be a third opinion, which acts as the “tiebreaker.”

In addition, both the FMLA and CFRA also protect employees who require intermittent, or sporadic absences for such chronic conditions such as anxiety, depression, chronic injuries, migraines, and other conditions.

If the employee takes or seeks to take a covered FMLA leave, the employer has certain obligations: 

    (1) The employer may not may not interfere with the right to take FMLA leave by either denying a request for leave, or 
    imposing other notice or disclosures beyond those required by law. 
    (2) The employer must return the employee to their prior position without any loss of seniority. 
    (3) The employer may not retaliate against the employee.
 
Because there is a time limit for filing statutory discrimination claims (one year under California law), it is important to that employees who believe they have discriminated against consult with an attorney as soon as possible after a potentially discriminatory action.

If you believe that your employer has discriminated against you because of a medical or family leave, please contact a Blady Weinreb Law Group Los Angeles Lawyer at 323-933-1352.