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Know Your Rights Under the FMLA

Employees in the US in general and in California, in particular, are given a certain number of days to be off work to take care of family emergencies from this employment law. These rights to take leaves off from work include:
  • Giving birth,
  • Adopting,
  • Placing a child in foster care,
  • Dealing with one’s serious health condition,
  • Attending to the needs of a family member who has a serious health condition,
  • Taking time off in the event a family member is called to active military duty, or
  • Taking time off to take care of a seriously injured or sick family member in the military.
Under the Family and Medical Leave Act (FMLA), employees may file for leave for the family emergencies mentioned above. However, to prevent abuse of the FMLA benefits, there are minimum standards you need to comply with to be eligible under the law, among them are as follows:
 
  • Must have worked for your employer for at least 12 months;
  • Must have at least worked a total of 1,250 hours during the 12-month period; and
  • Must have been working at a workplace that has at least 50 employees within a 75-mile radius.
Also, note that the 12 months do not need to be consecutive for as long as the criteria discussed above are fulfilled. As mentioned above, there is also a similar law enacted specifically for California employees. This law is the California Family Rights Act (CFRA), and it states that an employer cannot deny an employee the right to take emergency leave on account of the above reasons.
 
So if you’re an employee in California, these apply to you. Contact an experienced FMLA lawyer from a trusted employment law firm for the violations you’ve experienced from your employer. Call us at (858) 365-9722 or contact us online for a free consultation and comprehensive case evaluation. https://potterhandyemployment.com/contact/