Maywood FMLA Lawyer

Maywood FMLA Attorney

In California, there are several laws in place to protect the rights of employees who need to take leave when necessary. However, these laws are not always respected in the workplace. Employers may be unaware of them or choose to blatantly disregard them. Either way, an employee can seek compensation for experiencing discrimination. A Maywood FMLA lawyer can explain your rights and work to recover compensation if you have been denied those rights.

If you have questions about whether you are experiencing discrimination, it can be helpful to seek the advice of an employment lawyer. By law, you cannot experience workplace harassment or demotion as a result of seeking legal counsel.

California Family Rights Act

The California Family Rights Act (CFRA) is a state law that protects an employee’s job while they take medical leave. This may be to care for themselves or a family member, or they might need time for bonding with a new child.

Family and medical leave also accommodates employees who either have a serious medical condition or need time off to care for a family member with a serious medical condition. The CFRA protects their job while they are away for up to 12 weeks, making sure their position will not be terminated or reduced when they return.

Pregnancy leave is protected by California’s Pregnancy Disability Act, which allows up to four months of leave for an employee who is pregnant or has recently given birth. Similarly to family and medical leave, employees who are on pregnancy disability leave can be confident that their job will not be lost due to their pregnancy alone.

Can I Seek Financial Aid When Taking CFRA Leave?

If you have had to take CFRA leave, you may need additional financial support. There are various state programs in place to help those who need financial aid because they took medical leave or cared for an ill family member. Some of these programs include the following:

• State Disability Insurance: The goal of State Disability Insurance is to provide short-term financial aid for employees who cannot work because of severe medical conditions.
• Paid Family Leave: Depending on your circumstances and income, you could obtain benefits through the California Paid Family Leave program. This can cover partial wage losses for employees who have taken time off to care for a family member, bond with a new child, or even help a family member who is in active service in a foreign country.

How a Lawyer Can Help

There are many ways in which a lawyer in Maywood can help an employee exercise their rights according to the CFRA. They could even recover compensation on their behalf when applicable.

When filing a claim against your employer, the right lawyer can assist you in gathering the required evidence to show how you have a legitimate case. This often includes medical documentation explaining your condition and your doctor’s recommendations to take time off. Similar documentation can be required if you are caring for an ill family member.

Your attorney can also explain your rights as an employee and how to exercise them. Many of our state’s FMLA laws can be difficult to fully understand, but they are vital to protecting your freedom as a citizen of California. A lawyer can analyze your situation to determine whether your rights to leave are being neglected or denied in the workplace.

FAQs About Maywood, CA FMLA Laws

What Is an Example of CFRA Abuse?

There are proper and improper ways to use CFRA leave. Improper ways can include:

• An employee failing to provide the appropriate medical documentation, demonstrating the reason for their leave
• Frequently asking for CFRA leave without legitimate reasons
• Disrupting the flow and nature of the workplace by being unnecessarily absent

If an employee abuses CFRA leave, they may experience consequences.

What Can You Not Do While on CFRA Leave?

An employee who is on CFRA leave is not permitted to perform any work-related duties unless specifically allowed to do so by their employer. In some cases, employees take intermittent leave, meaning they are still obligated to work but for a fraction of the usual time. In these cases, the employee is not allowed to work except on the days agreed upon by their employer. It is important to create a schedule, approved by your employer, prior to taking leave.

Can I Sue My Employer for Unfair Treatment?

Depending on the reason why your employer is treating you unfairly, you could file a claim against them. Some actions you can file a claim against include:

• Workplace harassment
• Disputes concerning wages and hours
• Wrongful treatment or termination due to a disability or pregnancy

The California Family Rights Act is a state law that protects employees from being unfairly treated due to family or serious health-related circumstances.

Does the CFRA Protect You From Being Fired?

The primary goal of the California Family Rights Act is to protect an employee’s job while they take a qualified leave from work to care for themselves or a family member. Under this law, an employer cannot terminate your position once you have taken leave simply because of your condition. An employee is allowed up to 12 weeks of unpaid leave before their employer may terminate their job or demote their position within the company.

The Shirazi Law Firm, PC: Your Maywood Workplace Discrimination Lawyer

Workplace discrimination can take many forms, but there are many state laws in place to protect employees from such circumstances. Sometimes, it can be difficult to admit that you are being discriminated against at work or while on leave. Employers may not always be aware of what they are doing, or their discrimination may not be extremely obvious.

It is important to remember that your employer is responsible for their actions. If you may be experiencing discrimination, an experienced lawyer can take a look at your situation.

Contact the Shirazi Law Firm, PC, today to learn more about your rights as a California employee. If they are being violated, we can recover compensation for the discrimination you suffered in the workplace.