Pasadena FMLA Lawyer

Pasadena FMLA Attorney

Under the federal Family and Medical Leave Act (FMLA) and the state equivalent, the California Family Rights Act (CFRA), qualifying workers are entitled to take a certain amount of unpaid leave for certain family or medical reasons. If a loved one was injured in a car crash along the 210 or was attacked by a dog in Lamanda Park, you might need to take off work to care for them. It is likely unlawful for your employee to refuse this, and a Pasadena FMLA lawyer can help.

Shirazi Law Firm, PC: Fighting to Protect Your Rights to Family and Medical Leave

For years, the team at Shirazi Law Firm, PC, has been fighting to protect the rights of workers across the greater Los Angeles area. Named as Super Lawyers for the last ten years, we have the knowledge and experience to hold your employer accountable for any workers’ rights violations, including violations of FMLA or CFRA. Over the years, we have recovered millions of dollars in compensation for our clients and are now ready to turn our time and attention to your employment case.

Understanding FMLA in Pasadena

The Family and Medical Leave Act has been used more than 500 million times by working individuals who have found themselves needing to care for their own physical or mental health or that of a close family member. However, as of March 2023, only around 27% of civilian workers had access to this protection.

When seeking the protections afforded by FMLA when you believe those protections have been violated, it is crucial to understand the leave requirements. These requirements state:

• You must have worked for your employer for at least 12 months.
• Within these last 12 months, you must have worked for a total of at least 1,250 hours.
• Your employer must have at least 50 employees within a radius of 75 miles (5 employees for California employers under the CFRA)

If these requirements are met, your employer must permit the family medical leave that you request.

Both the FMLA and the CFRA allow eligible employees to take certain job-protected, unpaid leave for the following circumstances:

• Taking medical leave to care for yourself when suffering from a new medical condition
• Bonding with a new child, either through birth, adoption, or foster care
• Caring for a family member who has become seriously ill or incapacitated due to a new medical condition
• Participate in a specific event due to a family member’s military deployment to a foreign country

If you qualify for leave under FMLA, your employer must not fire you for taking up to 12 weeks of leave during a 12-month period, must continue to pay your necessary health insurance benefits during the time of your leave just like they would if you were still working, and they must give you back the same or as similar–as in the same pay, same working conditions, same benefits, and same seniority–job position once you return.

Common FMLA Violations

Unfortunately, many employers violate workers’ rights under FMLA, and if you are facing one such violation, you may be entitled to certain compensatory damages like economic damages, emotional stress damages, or legal fees. The most common FMLA violations include:

• Terminating your employment during your rightful leave
• Terminating you once you return if your decision is connected to your leave
• Changing the terms and conditions of your employment once you return to work, such as decreasing your pay
• Denying or interfering with your right to take FMLA or CFRA leave

In 2020 alone, there were over 950 FMLA complaints filed from employees who claimed that they had been demoted, terminated, or discriminated against because they exercised their legal rights under the Family and Medical Leave Act. If you believe that your rights have been violated, hire an FMLA lawyer as soon as possible. The clock is ticking on these cases, and you do not want to lose out on your chance for fair compensation.

FAQs About Pasadena, CA FMLA Laws

How Can a Pasadena FMLA Attorney Help Me?

Having an attorney in Pasadena on your side during an FMLA can make all the difference in achieving a successful outcome in your case. We can help ensure that your rights are protected and can provide you with any legal counsel and representation needed if your FMLA rights are violated by your employer.

Can My Employer Deny Me FMLA in CA?

Yes, under certain circumstances, your employer can deny your request for FMLA leave if you do not meet the necessary eligibility requirements or if your reason for seeking leave does not qualify under the guidelines established by the Family and Medical Leave Act or the California Family Rights Act.

What Happens to My Job While I’m on FMLA?

While you are away on legal and unpaid leave under FMLA, your employer is required to provide all eligible individuals with the same job or an equivalent position upon their return. If they do not, you may be able to hold your employer liable for a Family and Medical Leave Act violation, and an attorney can help you handle all legalities.

What Happens to My Employee Benefits While on FMLA Leave?

When you take lawful, unpaid leave under the Family and Medical Leave Act, your employer must maintain all of your employment benefits. If they do not, this can be considered a violation of your FMLA rights, and you may be able to hold your employer liable for compensatory damages with the help of an attorney.

Hire an FMLA Lawyer Today and Contact Shirazi Law Firm, PC

At Shirazi Law Firm, PC, we are ready to work tirelessly to protect you in the case of an FMLA violation. If you feel like you have been terminated or discriminated against because you exercised your right to medical or family leave, it is important that you hire an FMLA lawyer as soon as possible. Call our firm today to further discuss your rights under the Family and Medical Leave Act and schedule your initial consultation with our team.