Stockton FMLA Lawyer

Stockton FMLA Attorney

As an employee in California, you need to be aware of your protected rights. One of those rights is FMLA. If you have questions regarding how FMLA works, who qualifies for it, and if your employer should honor it, you should speak with a Stockton FMLA lawyer. A lawyer can review your employment situation, advise you on how to move forward and answer any legal questions you may have along the way.

Defining Family and Medical Leave

The Family and Medical Leave Act (FMLA) was created to help employees properly balance their work responsibilities with their family responsibilities by permitting them to take reasonable unpaid leave for qualifying reasons. The act also accommodates employers interested in legitimately promoting equal employment opportunities for men and women.

FMLA can apply to all public and private elementary and secondary schools, public agencies, and companies with 50 or more employees.

Qualifying Conditions to Use FMLA

Employees are permitted to utilize FMLA for up to 12 work weeks of unpaid but job-protected leave within a 12-month period, provided they meet one of the following reasons:

• Time to bond with a recently adopted child.
• Time for the birth of a newborn child.
• Unable to work because of a serious health condition.
• To care for an immediate family member who has a serious health condition. This could be a spouse, parent, or child. Parents-in-law do not count.
• For exigencies that arise because an immediate family member is called to active duty.

Notice Requirements

To use FMLA, you should give your employer adequate notice. While you don’t necessarily have to say your leave is related to FMLA, you do need to state the reason for your leave. You may have a child on the way or an aging family member that needs assistance. This leave is legally protected, and your employer has to grant it to you, but you do need to provide them with fair notice.

Fair notice is typically 30 days. However, sometimes emergency situations arise, and a 30-day notice is not possible. In these situations, you should inform your employer as soon as possible.

How an FMLA Lawyer Can Help

An FMLA lawyer can help in several different ways. They will understand how FMLA laws are enforced in Stockton, California and what regulations employers are required to meet. If you believe your rights have been violated, a lawyer can review your situation and determine if you have grounds to pursue legal action. An employment attorney is a great resource to speak with about all your questions regarding FMLA.

FAQs

Should My Employer Inform Me of My FMLA Rights in California?

Yes, your employer should inform you of your FMLA rights in California. Employers are required to inform their employees of their rights and responsibilities under FMLA, including eligibility and expected obligations. Posters should be displayed for all eligible employees. They should be made aware of the process for submitting an FMLA request, and employers are expected to respond to all employee inquiries about FMLA.

Notice of your FMLA rights and responsibilities must be provided at the same time as your eligibility notice.

Can My Employer Deny My FMLA in California?

Your employer is generally prohibited from denying or interfering with your FMLA in California, provided you meet all the necessary qualifications. For an employer to deny your FMLA, you must either have given too short notice, didn’t provide a valid reason for leave, already used up your available leave time for the year, or your reason is not covered under the law. If your employer denies your FMLA request, you should discuss it with an experienced FMLA lawyer.

Can an Employer Require Proof of FMLA?

Yes, employers in California can request proof of FMLA. They may request medical certifications or other necessary documentation to serve as evidence of your reason for leave. The proof is typically only requested for medical-related leaves; however, your employer cannot ask specifically for a medical diagnosis. If your employer is requesting documentation that may violate your rights, you should engage an FMLA lawyer. Employers are generally not required to provide certifications for leave to bond with a newborn or newly adopted child.

Does My Employer Have to Pay Me During FMLA in California?

No, your employer is not obligated to pay you during your FMLA leave in California. FMLA only requires employers to honor unpaid leave. However, if you have paid time off or sick leave, your employer should make that available for you to use. Some employees elect to utilize their paid time off in lieu of their FMLA so they can receive pay. There are various options to explore if payment during your time off is a potential issue.

Which Employees Are Entitled to FMLA Rights in California?

Employees who meet all the necessary requirements are entitled to FMLA rights in California. The requirements are that employees must have worked for the employer for at least one year, have worked at least 1,250 hours for their employer within the 12 months before leave begins, must work for an employer that has more than 50 employees within a 75-mile radius, and they have a serious health condition or a family member with a health condition.

Legal Support

As a dedicated employee, you deserve to be treated fairly. California is one of the friendliest states toward employees. If you have a qualifying reason for leave, you should be allowed to take it. If your employer is pushing back or not allowing you to exercise this right, you may need an experienced California FMLA lawyer to step in and help.

At Asbill Law Group, we aim to support hardworking employees who have questions about their employment rights in California. We have a team of dedicated legal professionals ready to assist. Whether your employer is denying you your rights or you have questions related to FMLA, we are here to support you. We have helped countless employees across the state of California. With our legal support, we can get you the answers you need. Contact us at our office today for help.