You Asked For Leave, Not A Layoff
When you use your earned vacation days or sick days, you don’t expect your job to be gone upon your return. Unfortunately, this is exactly what happens to some employees who take federally protected time off under the Family and Medical Leave Act (FMLA) for:
- Childbirth or pregnancy
- A serious medical issue
- Taking care of a sick relative
- Caring for a family member returning from active duty
The FMLA allows you to take up to 12 unpaid weeks off work to deal with specified family issues. Your health insurance (if employer-provided) is supposed to continue during the leave. When you return, you’re supposed to get your same job back at the same pay or, at the very least, an equivalent job with equivalent pay. If you’ve been demoted, fired or otherwise penalized for using FMLA leave, call the
Law Offices of Todd M. Friedman, P.C. We know when employers cross the line, and we will stand up for your rights when you feel outmatched. Call us at to make an appointment for a free initial consultation.
It’s Not Up To Them
Your employer may not be happy that you need to take time off, but that doesn’t mean it can punish you for it. The FMLA is not a company policy or an optional benefit, but a federally granted right for certain U.S. workers, including:
- Government employees
- Public school teachers
- Employees of companies that employ 50 or more
Our law firm is serious about protecting California workers’ rights to take advantage of this time off without fear of reprisal. If you suspect that you’ve suffered a work setback because you asked for or took FMLA leave, Los Angeles FMLA attorney Todd M. Friedman can help.
At the Law Offices of Todd M. Friedman, P.C., you will speak directly with an attorney. Todd Friedman will look over your case himself and save you time and stress by giving you timely, valuable feedback on your claim.
Get Answers To Your Questions About FMLA
There’s a lot of talk these days about the importance of work-life balance. While being a good employee is certainly important, it is just as important to take care of your loved ones and your health when a new child joins the family or when a serious illness strikes.
In fact, taking time off is more than just a good idea – it’s your right under federal law.
What is the Family and Medical Leave Act?
The Family and Medical Leave act – commonly referred to as FMLA – protects an employee’s right to take unpaid leave from work under certain circumstances:
- To bond with a newborn, adopted, or foster child
- To care for an immediate family member with a serious health concern
- To care for the employee’s own serious health condition
FMLA leave can last for up to 12 weeks in any given 12-month period. Employees are entitled to return to their same job, or a “nearly identical” one, once their leave is over. “Nearly identical” jobs must have substantially similar duties and must have the same pay and benefits as the employee’s pre-leave position.
Who qualifies for FMLA?
Not every employee qualifies to take FMLA leave. In order to qualify, the employee must have worked for the employer for at least 12 months, and must have worked at least 1,250 hours during the 12 months preceding the start of leave. In addition, the employee must work for either:
- A public employer (e.g., state, local or federal governments, schools or public agencies); or
- A private employer that has 50 or more employees within 75 miles of the employee’s location
Does an employee have to give notice to take FMLA leave?
Generally speaking, employees who want to take FMLA leave are supposed to give notice at least 30 days before starting leave, so long as doing so is practical. If the need for leave is not foreseeable 30 days in advance (for example, because of a sudden-onset condition), the employee must give notice as soon as is practical. Employees should follow their employer’s normal procedures when giving notice.
What kind of proof can an employer require?
Employers are allowed to ask for proof that the employee or their immediate family member is suffering from a serious medical condition. Usually, this comes in the form of a certification from the patient’s care provider.
Employers are allowed to ask for a second opinion if they doubt the validity of the certification. They can also contact the care provider to verify whether the certification is genuine. Employers may not, however, require employees to turn over their medical records, nor can they ask a care provider for medical information beyond that which is provided on the certification form.
What can employees do if they are not being treated fairly?
Employees who have been denied leave, who have had their job taken away while on leave or who have otherwise been treated unfairly for exercising their rights under the Family and Medical Leave Act can turn to an experienced employment law attorney for help. Depending on the circumstances of the case, aggrieved employees may be eligible to receive compensation for lost wages and other financial damages. They may also be eligible for equitable relief such as reemployment after termination or reinstatement into a previously-held position.
Mistreated employees in the Los Angeles area can contact the Law Offices of Todd M. Friedman, P.C. for a free initial consultation. Call ( toll free) or email the firm today. You will talk directly with an attorney when you work with the Law Offices of Todd M. Friedman, P.C.
Protect Your Leave And Your Job. Call A Lawyer Today.
Take advantage of your free initial consultation to speak with Mr. Friedman about your situation. You can make the right decisions when you’re armed with the facts. Email us or call us at or toll free at to make an appointment.