Long Beach FMLA Lawyer

Long Beach FMLA Attorney

Every worker employed in Long Beach has the right to take a work leave under the Family and Medical Leave Act. Whether you work down by the marina on 2nd Street or the VA hospital on East 7th Street, under certain circumstances, you may be entitled to job protection while on leave if you meet the eligibility requirements. If your employer violates these rights or retaliates against you for exercising them, a Long Beach FMLA lawyer is here to help.

Protect Your Rights to FMLA With Shirazi Law Firm, PC

At Shirazi Law Firm, PC, we have been helping employees in California protect their rights to FMLA leave for decades. In the last ten years, we have been named Super Lawyers and have recovered millions of dollars in compensation for our clients. If you have recently requested time off for an eligible reason under FMLA or the California Family Rights Act and your employer has denied you or retaliated against you, we are here to aggressively fight for what you are owed.

Your Eligibility for FMLA Leave in Long Beach, California

As of 2023, 27% of civilian workers had access to paid family leave, and 90% had access to unpaid family leave. The Family and Medical Leave Act, or FMLA, is a federal piece of legislation that works to ensure an employee who has a serious medical condition—or has a family member with a serious medical condition—is able to request time off without retaliation.

Likewise, in California, the CFRA, or the California Family Rights Act, works similarly at the state level and can apply to a wider range of situations. As long as you meet the requirements necessary under FMLA or CFRA, your employer is required to maintain your position—or one similar—at work, so that you are able to return after leave.

Unfortunately, it is all too common for employers across California to terminate their employees because they do not want to provide them with their owed FMLA or CFRA leave. When this happens, you maintain certain legal rights in order to hold your employer accountable.

En Long Beach, you are entitled to both federal FMLA and state CFRA leave under the following circumstances:

• To take medical leave in order to care for yourself
• To take medical leave in order to care for a certain family member
• To bond with a new child, either through biological birth, adoption, or foster care
• Participate in a qualified event because your daily member is being deployed with the military overseas

Both the CFRA and the FMLA allow eligible employees to take up to 12 weeks of leave to care for themselves, a family member, or to bond with a new child. When you return from leave, you are entitled to return to your same job or one that compares. Under the FMLA, requirements for leave include:

• Working for a company that employs 50 or more employees within a 75-mile radius (for CFRA leave, your employer needs only to employ five employees)
• Have 12 months of necessary tenure with your workplace
• Have 1,250 work hours logged in the past year

Compensation for FMLA Violations

In 2020 alone, there were around 966 complaints filed for FMLA violations with the federal government. While not all complaints are taken seriously, those that are common lead to compensation for the losses an employee has suffered due to the violation. The most common forms of compensation include:

• Economic damages, like lost wages or lost benefits
• Legal fees
• Daños emocionales
• Punitive damages awarded in order to punish the employer for any outrageous actions
• Job reinstatement

FAQs About Long Beach, CA FMLA Laws

What Are Some Examples of an FMLA Violation?

Some examples of a FMLA violations can include a termination during your legal leave, terminating you after your return in connection with your taking leave, changing the terms and conditions of your employment once you return to work, such as decreasing your pay or denying or interfering with your right to leave, and terminating you after you have filed a complaint that your FMLA or CFRA rights were violated.

What Information Must I Give My Employer When Seeking Leave?

When you are seeking leave in Long Beach, you must provide your employer with certain information. This information can include reasonable advanced notice if your leave is not an emergency, any estimates you might have regarding time off, your expected return date, and any documentation regarding your medical condition that can help prove your need for leave.

What Can I Do if My Employer Denied Me FMLA?

If your employer denies your rights to FMLA or CFRA, request that they give you a detailed written explanation of why they are issuing a denial. It can be important to any future case that you have clear documentation and evidence. Make sure you meet eligibility requirements, and keep medical records on hand before speaking with an attorney.

What Documentation Is Required to Support a CFRA Leave Request?

There are several forms of required documentation when requesting leave under the California Family Rights Act. It is crucial that you include information regarding the leave, such as related medical records for yourself or your family member. However, you do not need to provide them with reasons why a different family member can’t care for them, and you have the right to protect yourself and your family’s privacy.

Hire an FMLA Lawyer by Speaking to the Team at Shirazi Law Firm, PC, Today

If you have been fired, demoted, harassed, or otherwise retaliated for seeking fair and eligible leave under the Family and Medical Leave Act or the CFRA, or you have been denied when all eligibility requirements are met, you may have a case to seek legal compensation. Now is the time to hire an FMLA lawyer and ensure that your rights are protected. Contact the offices of Shirazi Law Firm, PC, today to learn more information and schedule an initial consultation.