Lawyer for Family Medical Leave Job Terminations

The Family Medical Leave Act (FMLA) covers time off from work due to the serious medical condition of an employee, their family member, or the birth, placement, or adoption of a child. In California, the California Family Rights Act (CFRA) also covers a mother who gives birth. Due to the stacking of time with pregnancy disability laws, the maximum leave allowed may reach 7 months. FMLA is sometimes referred to as baby bonding or paternity leave, though it is often wrongly called maternity leave.

Not all employees are eligible. In California, employees are eligible for CFRA if they have worked at least 1,250 hours in the preceding year for a company with 5 or more employees. Federal FMLA requires 50 employees within a 75-mile radius. CFRA/FMLA typically provides for up to 12 weeks of leave per year.

Eligibility and job terminations are extremely technical issues. Only an experienced employment lawyer can advise if a termination is illegal. Key discussion points include the actual length of leave, who was advised of the absence, the exact language in medical notices, and whether the employer was on notice of a disability. We also look at whether an employee was returned to a truly comparable position or faced pay cuts and materially different locations.

Call (951) 367-1000 to discuss with an experienced CFRA/FMLA employee lawyer if you are ready to sue.

What Constitutes a Serious Medical Condition Under the FMLA

Serious medical conditions include ongoing illnesses, disabilities, and situations where the employee treats two or more times with a healthcare provider. Covered providers include doctors, dentists, chiropractors, nurse practitioners, mental health providers, and physical therapists.

Employees suffering from longstanding conditions requiring intermittent leave are also covered. AI legal research is no substitute for an experienced attorney in these technical matters. Missing work without visiting a healthcare provider makes a contingency case very difficult for a lawyer to take on. Coverage also extends to caring for children, domestic partners, spouses, grandparents, grandchildren, siblings, and parents.

Medical Leave Attorney

California employees are protected by laws beyond FMLA, including maternity leave under pregnancy disability statutes, cancer leaves, and leaves for work injuries or domestic violence. Employers often mistakenly believe FMLA is the only covered leave. However, California law can allow for leaves significantly longer than 12 weeks for certain conditions.

Cases often center on an employer's knowledge. When requesting leave for disability or cancer, it is not the time to be vague about privacy; the more the employer knows, the greater their duty to accommodate. We also evaluate whether leave requests were indefinite, which can be a problem, or if the employee was ever released to return to work.

If you have a work injury, it is vital to coordinate your medical leave with an attorney. While workers' compensation aims for a disability rating, a wrongful termination case requires showing you could have returned to work within a reasonable time. Employers are rarely required to hold a position open for more than six months to a year, especially as workplaces and necessary skills change.

Call (951) 367-1000 for an experienced medical leave attorney. Cases involving employee medical leaves continue to be some of the most confused legal rights for California employees and employers.