Have you experienced a breach of your rights under the Family Medical Leave Act? Turn to the Law Office of Fahim Rahman, where we stand prepared to secure the restitution you’re entitled to. Employees granted family and medical leave must be able to use this time as needed, free from employer intimidation, payback, or undue pressure. In Los Angeles, FMLA infringements are treated with the utmost gravity, and should you feel you’ve been dealt with unjustly or lost your job due to taking your lawful leave, it’s crucial to have an adept FMLA attorney in your corner, ready to champion your cause.
At the Law Office of Fahim Rahman, we have a strong history of advocating for employees who have had their FMLA protected rights violated, ranging from denial of rightful benefits to wrongful termination of employment.
The Family Medical Leave Act and How it Works
The Family and Medical Leave Act (FMLA), established in 1993, endows eligible employees with the right to take up to 12 weeks of unpaid leave for certain family and medical reasons without fear of job loss. Covered employers must honor legitimate leave requests, ensuring that employees who exercise their FMLA rights are not subjected to termination, discrimination, or any retaliatory actions.
This federal act safeguards employment for those who must be absent from work due to their own serious health conditions, to care for a family member with significant medical concerns, the birth of a child, or to bond with a newly adopted or foster child.
The FMLA is designed to provide peace of mind for employees during these critical times, reaffirming that their positions will remain secure while on authorized leave. However, should an employer neglect their obligations under the FMLA or infringe upon an employee’s rights, the individual may be eligible for legal remedies. Our team of committed FMLA specialists is on hand to protect the rights of employees and address any employer negligence regarding compliance with the law.
Understanding Your Rights Under the FMLA: Are You Eligible?
The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 weeks of unpaid leave for specific family and medical reasons, without fear of losing their job. To be eligible for FMLA leave, employees must meet the following conditions:
- The employee should have a tenure of at least one year with the current employer, and during this period, should have completed a minimum of 1,250 hours of service.
- The employee works for a private-sector employer that has 50 or more employees working within 75 miles of the employee’s worksite.
- An employee is entitled to a maximum of 12 weeks of unpaid leave in any 12-month period.
- FMLA leave can be used to care for immediate family members, which the Act defines as a child, spouse/domestic partner, or parent. It is important to note that siblings and grandparents are not considered immediate family for FMLA purposes unless they acted as legal guardians when the employee was underage.
Recognizing FMLA Violations
Employers strategically selecting moments to sidestep the Family and Medical Leave Act (FMLA) is, unfortunately, an issue some workers may face. Such calculated moves are geared to avoid evident non-compliance with FMLA regulations. Remember, your entitlements under the act should remain intact despite any employer’s illicit actions. Navigating the complexities of the law can be daunting, which underscores the necessity of consulting with a seasoned FMLA attorney, such as those at the Law Office of Fahim Rahman in Los Angeles.
It is standard procedure for your employer to request medical certification or related documentation from your health care provider—or that of the family member under your care—when you apply for FMLA leave. Provision of this information is generally a prerequisite for the approval of your leave. Keep in mind that it’s within your employer’s rights to make such a request. However, it crosses into legal infringement if they ask you to sign a medical waiver or release. Always exercise caution and refrain from signing documents that could potentially compromise your FMLA rights.
Dismissal of an employee currently on FMLA leave, or upon return from such leave, especially if the absence is used as a justification for the termination, is a clear violation of the act. Similarly, alterations to employment terms during the leave period—be it pay reduction or unfavorable changes in job role or department—also constitute infringement. If you find yourself in such circumstances, it’s crucial to recognize these transgressions and seek legal expertise to uphold your FMLA entitlements.
Talk to an FMLA Lawyer Today in Silicon Valley
If you suspect that your rights under the Family and Medical Leave Act (FMLA) have been compromised, please reach out to us. Our experienced FMLA attorneys in Los Angeles are here to listen to your concerns and evaluate the validity of your potential claim. Act now by getting in touch—protecting your legal rights is imperative.