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Santa Clarita FMLA Lawyer

Santa Clarita FMLA Attorney

Understanding your rights under the Family and Medical Leave Act (FMLA) is essential whether your health problems, disability, or caregiving obligations call for time off. The FMLA grants qualified workers the right to take unpaid time off for major medical issues or to tend to a family member in need. A Santa Clarita FMLA lawyer can guide you through the complexity of FMLA leave so you may be sure you receive the protection and support you are due.

Why Choose Us?

With Nosrati Law, A Professional Law Corporation, you are choosing a team with a track record of advocating for employee rights and considerable knowledge of FMLA law. Our goal is to grasp your particular circumstances, provide individualized advice, and advocate your right to fair treatment. From the moment you ask for leave until your return to work, our dedication is to make sure you have all the advantages and protections the FMLA entitles you to.

Who Qualifies for FMLA Leave?

There are particular eligibility requirements to be qualified for FMLA leave. First, you have to work for a company with at least 50 workers within 75 miles of your workplace. You also must have worked at least 1,250 hours a prior year and been employed for at least 12 months. Should you satisfy these criteria, you could be entitled to up to 12 weeks of unpaid leave for a variety of eligible reasons. Some of these include:

Your own serious health condition. An employee can take FMLA leave if they have a serious health condition that prevents them from performing their job duties. This includes conditions requiring inpatient care, incapacity for more than three days with ongoing treatment, chronic serious health conditions, and conditions requiring multiple treatments, such as cancer treatments.
Care for a family member with a serious health condition. Employees can also take FMLA leave to care for a family member (mainly a spouse, child, or parent) with a serious health condition.
Bond with a new child. The FMLA allows employees to take leave to bond with a newborn child or to care for a child placed with them for adoption or foster care.
Pregnancy. Employees can take FMLA leave for incapacity related to pregnancy or prenatal care. This includes time off for routine doctor’s visits as well as complications related to pregnancy.
Military family leave. Employees can take FMLA leave to address specific needs arising from a family member’s active military duty. This might include handling affairs related to deployment, such as childcare or attending military events.
Short-term or long-term disabilities. Provided the situation fits the legal requirements, FMLA leave can be used for both short-term and long-term disabilities. Though transient, short-term impairments count if they cause significant disability or call for continuous medical treatment. To support your need for leave, you should include records from your doctor.

Returning to Work After FMLA Leave

You have the right to be restored to your prior job or an equal one following FMLA leave. Your compensation, working conditions, and job responsibilities should be similar to the way it was prior to your leave.

There are, nevertheless, certain exceptions. For instance, reinstatement might not be necessary if firm reorganization or downsizing resulted in the elimination of your position. Furthermore, under the Americans with Disabilities Act (ADA), appropriate adjustments could be required should you be unable to perform important job duties.

If you decide not to return to work after your FMLA leave ends, companies can demand compensation for additional perks paid during your absence or for health insurance payments. You should not be required to pay back these expenses, though, should your incapacity to return result from an ongoing medical condition. A Santa Clarita employment attorney can help you understand your rights and obligations as they relate to not returning to work.

Your Rights Under the FMLA

Companies having 50 or more workers have to follow FMLA rules. Within five business days of a request for leave, they must tell staff members of their FMLA rights and obligations. Employers also have to guarantee staff members are aware of any medical certification needs and offer details on health benefits while absent.

You have the right to seek legal help should your company reject your FMLA leave request or treat you negatively for taking leave. Should your employment not be restored as mandated, you can also be entitled to back pay.

FAQs

Can My Employer Deny My FMLA Leave in California?

If you don’t fulfill the eligibility requirements or if your request doesn’t follow the correct documentation or notice procedures, your employer has the right to deny FMLA benefits in California. But in addition to the federal FMLA, California offers additional protections under the California Family Rights Act (CFRA) that may offer more job-protected leave.

What Is the Law for FMLA Leave in Santa Clarita, California?

In Santa Clarita, California, qualified employees may take up to 12 weeks of unpaid leave where their job is protected under the Family and Medical Leave Act (FMLA) to attend to significant health issues or family matters. There are also provisions for caring for a sick family member and forming a bond with a new child, providing extra safeguards in California.

Can You Force an Employee to Take FMLA Leave in California?

In California, you are not allowed to coerce an employee to take FMLA leave. Workers must request FMLA leave, and although employers are permitted to advise staff members of their rights and the need to use FMLA when appropriate, the choice to take time off rests with the individual employee.

How Long Is California Leave for Bonding in the FMLA?

In California, under both FMLA and CFRA, employees are entitled to up to 12 weeks of leave for bonding with a new child, which can be taken within one year of the child’s birth or placement. The leave can be taken intermittently or all at once, depending on the employer’s policies and the employee’s needs.

Contact Nosrati Law, A Professional Law Corporation

If you desire more information about your rights under FMLA or need assistance navigating your legal options for FMLA leave, we can help.

Contact us today to speak to a representative and ensure your job and benefits are fully protected. We’re here to help you every step of the way.

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