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Torrance FMLA Lawyer

Torrance FMLA Attorney

Many employees in Torrance, CA, are eligible for leave under the Family and Medical Leave Act (FMLA) to help with a severely injured or ill family member or if they need time off for a birth, an adoption, or their own medical condition. If your company refused to give you the requested leave or took any negative employment action once you requested or returned from leave, you can consult an experienced Torrance FMLA lawyer to discuss your rights.

Federal Protections Under the Family and Medical Leave Act (FMLA)

Across the United States, the Family and Medical Leave Act (FMLA) gives job-protected time away from work for medical and family-related reasons. FMLA provides eligible employees with a maximum of 12 weeks of unpaid leave annually for specific reasons. You can have job-protected leave for the adoption or birth of a child, a severe medical condition, or if you need to care for an immediate family member with a serious medical condition.

By law, employers cannot take any negative action against employees who request or take FMLA-related leave. When you return from FMLA leave (whether a continuous block of time or sporadic leave), you’re entitled to return to the same job or a job that is equivalent. If you don’t return to the exact same job, an equivalent job must:

Offer identical employment benefits, like health insurance, life insurance, disability insurance, educational benefits, sick leave, vacation time, pensions, etc.
Offer the same general work schedule or shift.
Maintain your job at a geographically close worksite, which shouldn’t significantly increase your commute time.
Include the same general skill level, responsibility, effort required, and authority.
Offer identical pay, which should include equal premium pay, profit-sharing, bonus opportunities, and overtime compensation.
Maintain any unconditional wage increases that happened during your FMLA leave period.

If you didn’t return to the same job and weren’t provided with a “nearly identical” job, you might be eligible for compensation through a legal claim. It’s important to consider consulting with an experienced Torrance attorney familiar with FMLA leave claims

Employee Notice Under FMLA

To properly notify your employer if you plan to take job-protected FMLA leave, you must provide advance notice of the need for FMLA leave at least 30 days before your intended leave date.

If the need for leave wasn’t foreseeable and giving 30 days’ notice isn’t practical, you must give notice “as soon as practicable” under your specific circumstances, which usually means the same day or the next business day. Although there could be unusual circumstances involved, employees generally must ensure they’ve complied with their company’s traditional requirements for providing notice and requesting a leave of absence.

You should follow your company’s normal call-in procedures when requesting or taking FMLA leave. If a specific circumstance prevents you from doing so, you should follow call-in procedures as soon as practical. If you fail to provide notice in a timely manner, unfortunately, your request for FMLA leave may be delayed or even denied. You might also be subject to additional discipline based on your employer’s workplace rules.

Consult an Experienced Torrance, CA, Lawyer

If you’ve had any issues requesting FMLA leave or with the notice you gave to take your job-protected FMLA leave, it’s important to consult a trusted employment attorney in Torrance, CA. An attorney licensed in California who is familiar with FMLA leave law can investigate your situation and provide candid advice about your legal options if your FMLA rights were violated.

FAQs

How Long Does My Employer Have to Decide if I’m Eligible for FMLA Leave?

Unless there are extenuating circumstances, FMLA regulations require your employer to notify you whether you’re eligible for FMLA leave within five business days after you’ve requested leave or after they’ve learned your leave might be for a reason that qualifies you for FMLA leave.

If your leave was denied, you can consider consulting an experienced attorney to discuss your case and address your legal options.

How Long Does My Company Have to State That My Leave Is Counted as FMLA Leave?

Generally, your company has five business days to state that your leave is counted as FMLA leave. Your employer’s notice must state whether your FMLA leave will be paid or unpaid, whether you’ll need a fitness-for-duty certification before returning to work, and, if known, the number of hours/days/weeks to be counted against your FMLA leave rights.

Can I Use FMLA Leave for Severe Anxiety?

Yes, you can use FMLA leave for severe anxiety. If you’re entitled to FMLA leave, you can take job-protected leave if you’re experiencing a serious medical condition and are unable to work.

Whether physical or mental, the FMLA protects your job when your health condition (such as severe anxiety) requires medical care from a healthcare provider no less than twice annually and is ongoing.

Can My Employer Contact My Doctor About My FMLA-Related Serious Health Condition?

Your employer can contact your doctor about your FMLA-related condition; however, any contact between your doctor and your employer must comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations. Under FMLA regulations, your employer can contact your doctor to authenticate or clarify your medical certification.

However, your direct supervisor may never contact your healthcare provider. This is to protect employee privacy. Your employer may not ask your doctor for supplemental information beyond what is part of your FMLA medical certification form.

Contact Knowledgeable Attorneys at Nosrati Law, A Professional Law Corporation About Your FMLA Rights Today

If you’re an employee in the Torrance area who had issues after requesting or taking your job-protected FMLA leave, contact the experienced attorneys at Nosrati Law, A Professional Law Corporation as soon as possible. We can address your concerns and help strengthen your claim to get the justice you deserve.

We are conveniently located in Century City, as part of Century Park Plaza. Our office has convenient parking right off Century Park East, and the I-10 and I-405 are nearby.

Contact our teamtoday to schedule your initial and confidential consultation with a capable lawyer.

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