Long Beach FMLA Lawyer

FMLA Eligibility Conditions

The FMLA does not cover all companies or employees. Employees eligible for FMLA must fulfill particular requirements:

• Employer coverage. For at least 20 weeks, either current or past, the employer must have 50 or more employees within a 75-mile radius.
• Employee eligibility. This requires at least 12 months of employment for the company and a minimum of 1,250 hours logged in the past year.

Should an employee satisfy these requirements, the leave must be used for a qualifying reason —such as a personal health concern, family care, or military-related need.

What Happens When FMLA Leave Ends?

When an employee is ready to go back to work, their company has to restore them to their former post or one equivalent. The analogous position has to have equal responsibilities, compensation, perks, and working conditions. Several elements should be taken into account in deciding whether the new job is equal if the employee is given a different position:

• Does the compensation reflect your past position?
• Are the perks, work hours, and shifts the same or similar?
• Are the job duties similar?
• Is the new job at the same work site?

Companies have to generally allow workers back in on the designated return date. Employers must, however, allow adjustments within two business days in circumstances when the return date changes unexpectedly, such as if the employee’s medical condition improves early or if problems develop. Whether the worker gives appropriate notice of their return or not, the employer has to reinstate them within this period.

Exceptions to Reinstatement

Although the FMLA is meant to provide strong employment protections, there are a few circumstances where an employer might refuse to bring back an employee following FMLA absence. These include:

• Layoffs or position eliminations. Reinstatement might not be necessary if the employee’s position was legally removed or the company got downsized during their leave.
• Denying reinstatement. Should a health condition prevent an employee from performing the necessary duties of their employment, the employer may refuse reinstatement. Under the Americans with Disabilities Act (ADA), the employee may, nevertheless, be entitled to reasonable concessions in such circumstances.
• Leave under false pretenses. Should the employer discover that an employee entered their leave under fraudulent reasons or turned in falsified papers, they can deny reinstatement.

Healthcare Insurance and the FMLA

Employees are entitled to keep their group health insurance coverage under the same terms as when they were employed, even on FMLA leaves. Employees have to keep paying their portion of the premiums, and the company has to give advance notification on how to handle payments during the leave term.

Unless the absence of return results from events outside of the employee’s control, the employer may demand that the employee pay back the cost of the health insurance premiums should they choose not to return to work.

FAQs

What Is the Longest Leave Time for FMLA?

The maximum time of FMLA leave is 12 weeks of unpaid leave during a 12-month period. Military caregiver leave, on the other hand, allows eligible employees to take up to 26 weeks of unpaid leave in a single 12-month period to care for a covered service member suffering from a serious sickness or injury related to military duty.

What Does the FMLA Cover?

There are a number of circumstances that qualify for unpaid leave under the Family and Medical Leave Act (FMLA), including the birth or adoption of a child, the provision of care for a spouse, child, or parent who is suffering from a serious health condition, and personal or family medical problems. Additionally, it addresses certain circumstances that are associated with military family leave.

Can I Be Denied FMLA Leave?

Employees who meet the eligibility standards under the Family and Medical Leave Act (FMLA) and give the required notification and documentation cannot be denied leave by their employers. However, a refusal may occur if the documentation is not complete or accurate or if the applicant does not meet the requirements.

How Do You Qualify for FMLA Leave in Long Beach, California?

To qualify for FMLA leave in Long Beach, California, you must work for a covered employer with 50 or more workers, have been with the company for at least 12 months, and have worked at least 1,250 hours in the previous year. The leave must be taken for a valid reason, such as a significant health condition or caring for a family member who has a medical problem.

Contact Nosrati Law, A Professional Law Corporation

If you have questions about your rights under the FMLA or need assistance navigating your leave options, contact us today to speak to a representative and ensure your job and benefits are fully protected.

Our Long Beach employment lawyers are here to help you every step of the way.