Have you faced unfair treatment or been dismissed due to a Family Medical Leave Act (FMLA) infringement? Fahim Rahman’s Law Office champions your cause, ensuring you receive the rightful compensation. Every employee entitled to FMLA should be able to utilize their leave without the fears of workplace bias, repercussion, or intimidation. In Orange County, where FMLA breaches are taken with utmost gravity, it’s crucial to have a staunch FMLA advocate like Fahim Rahman’s team, who stand prepared to assertively defend your rights and interests.
At the Law Office of Fahim Rahman, we are steadfast in protecting the rights of workers caught in conflicts involving the denial of their FMLA privileges or unjust termination.
The Family Medical Leave Act and How it Works
The Family and Medical Leave Act (FMLA), established in 1993, is a pivotal federal statute that secures up to 12 weeks of unpaid, job-protected leave for eligible employees under specific conditions including personal or family medical issues. When staff members exercise their FMLA rights, employers must honor these requests without resorting to dismissal, discrimination, or termination of the employee.
This legislation safeguards workers’ entitlements to take necessary time off for certain family-related and health circumstances, such as dealing with a personal serious health condition, caring for an ill family member, welcoming the birth of a new child, or arranging care for newly adopted or foster children.
Employees can confidently take FMLA-designated leave knowing their jobs should remain secure throughout their absence. However, should an employer breach the act’s provisions at any point—prior to, during, or after the leave—or infringe upon the worker’s legislated rights, the affected employee might be eligible for restitution. Our team of FMLA experts is committed to upholding the rights of employees, offering steadfast support against non-compliant employers.
Understanding Your Rights Under the FMLA: Are You Eligible?
The Family and Medical Leave Act (FMLA) grants eligible employees the right to take up to 12 weeks of unpaid leave for their own health needs or to care for a family member. To be eligible for FMLA protection, employees must meet the following requirements:
- The employee should have been employed at their current job for at least one year, accumulating no less than 1,250 hours of service.
- The employer operates in the private sector and has at least 50 employees working within a 75-mile radius of the workplace.
- An employee is entitled to a maximum of 12 weeks of unpaid leave within any 12-month period.
- FMLA leave can only be taken to care for immediate family members, which includes a child, spouse/domestic partner, or parent. Leave for the care of siblings and grandparents is not covered unless the latter served as legal guardians when the employee was underage.
Recognizing FMLA Violations
Employers may discretely choose moments to circumvent the Family and Medical Leave Act (FMLA) without seeming noncompliant. Yet, this doesn’t imply you should relinquish your protected rights because of an employer’s infractions. The complexities of the law underscore the importance of consulting with a seasoned FMLA attorney at the Law Office of Fahim Rahman in Orange County.
When requesting FMLA leave due to your own or a family member’s serious illness, your employer may legitimately require medical documentation from a healthcare provider. It’s imperative to provide the necessary documentation to have your leave approved. While employers have the right to request this proof, it is unlawful for them to coerce you into signing a medical waiver. Should there be any uncertainty, refrain from signing documents that could compromise your rights.
Discharging an employee during FMLA leave — or upon their return if the leave is cited as a contributing reason — constitutes a blatant violation of the FMLA. Less apparent, yet equally unlawful, are instances where the conditions of employment are modified during the leave. Any reduction in pay, or changes in employment terms, such as demotions or undesired reassignments, are against the law and infringe on your FMLA protections.
Talk to an FMLA Lawyer Today in Silicon Valley
If you suspect a violation of your FMLA rights, don’t hesitate to reach out to us. Our adept FMLA attorneys in Orange County are here to listen to your concerns and assess the merits of your potential claim. Contact us now—your rights under the law deserve to be upheld and respected.