Attorney Advice |
August 31, 2021

Protecting Your Rights Under FMLA

The FMLA, or Family and Medical Leave Act, provides certain employees with up to 12 weeks of unpaid, job-protected leave each year. During this time, it is also required that their group health benefits are maintained during the leave. If you work and have recently had a child or meet other qualifying conditions, your FMLA leave could make the difference between maintaining insurance and thus financial stability while having a job to return to, and having to cover medical bills on your own with no job to return to. 

Employment attorneys like Minnis and Smallets know how to protect your rights and support your FMLA application. The following is information of how you can protect your rights under FMLA and how an employment attorney can help support and enforce them. 

What Events Qualify for FMLA?

To protect your rights under the FMLA, it is first necessary that you know what those rights are. At its most basic, the FMLA is for you to have your job protected for up to 12 weeks if you take a leave of absence for reasons of parenthood, family, or health. Have you recently had a child? If so, FMLA protects you while you bond with your new child. 

Is a member of your family experiencing a serious health condition, and your care is required? You may also have your own protection through the FMLA. Your own personal health issues are also qualifying events under the FMLA, and should you need to leave to attend to your own serious health condition, the FMLA protects your job for up to 12 weeks. 

The California Family Rights Act Might also be Relevant

 Both the FMLA and the California Family Rights Act (CFRA), federal and state laws respectively, are laws that allow eligible employees of covered employers to take unpaid leave while protecting their job. With certain prerequisites met, you can take advantage of not only FMLA and CFRA but also Disability Insurance (DI) and Paid Family Leave (PFL). 

You may use FMLA and CFRA alongside DI and PFL to protect your job if you:

  • Need to care for a seriously ill family member
  • Need to spend time with a new child
  • Take medical leave for personal reasons 
  • Participate in another qualifying event due to a family member’s military deployment overseas 

What if Your Employer Violates Your FMLA Rights?

While your rights under the FMLA are protected by both the federal and California laws, employers do not always respect your rights. If your employer has denied protected leave requests or refused to reinstate you following your leave, an employment attorney can help you today. 

Connect with California Employment Attorney Minnis and Smallets Today 

Should you be having an issue with your Family and Medical Leave Act filing or situation, an experienced employment attorney can help. Visit our site now to set up an appointment.