Both the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide employees with the right to take reasonable, unpaid leave to deal with family or medical issues. If your employer has denied your request for reasonable leave, you may need to speak with a lawyer. All too often, employers deny family and medical leave and employees either back down or quit their jobs. If you felt you had no choice but to quit your job because you were denied family or medical leave, you may have a constructive termination claim.
At the Law Offices of Rheuban & Gresen, we are committed to protecting employees' rights. To schedule a free consultation to discuss your rights and needs, contact an experienced employment law attorney by email or call us at 818.815.2727.
Most Employees Have a Right to Take Family and Medical Leave
Generally, to qualify for leave under the FMLA and CFRA, you must be a full-time employee of a company above a certain size and have at least 12 months of consecutive service. If you are covered by these laws, you are entitled to take up to 12 weeks of unpaid medical or family leave. Taking this leave generally cannot result in any adverse job action or loss of benefits or seniority.
In addition to the FMLA and CFRA, employees with serious medical conditions or disabilities may have the right to extended leave under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Other state and federal laws, collective bargaining agreements and employment contracts may also apply.
Unfortunately, there are many employers in Southern California who are notorious for violating these laws.
I Requested Reasonable Leave and My Employer Denied It. Now What?
It is illegal for employers to interfere with, restrain or deny the exercise of your FMLA/CFRA leave rights, or to discriminate against you because you took family or medical leave. If your employer has wrongfully denied your leave or has otherwise been slow to act, the U.S. Department of Labor or the California Fair Employment and Housing Commission (FEHC) can take action.
While you have a right to file an independent lawsuit, it can be difficult to navigate these legal matters without the assistance of a skilled attorney. At the Law Offices of Rheuban & Gresen, our attorneys can evaluate your situation and determine if your employer broke the law in denying your family or medical leave. If so, we can help you obtain the leave you need through negotiation or in court.
Contact an Attorney If Your Right to Family or Medical Leave Was Denied
If you have been unfairly denied family or personal medical leave, do not assume you have to accept it or quit your job. The attorneys of the Law Offices of Rheuban & Gresen have a thorough understanding of the FMLA and CFRA, and know how to effectively assert your employee rights. Contact a lawyer for a free consultation about your case.