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Medical & Family Leave

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) require an employer to provide family or medical leave to eligible employees and mandate that an employee may return to either their original position or a comparable position if the original is unavailable. Failure to provide for medical leave for eligible employees under these Acts may result in your employer having to pay you damages.

Determining Eligibility

Employers with 50 or more employees must allow employees who have been with the company for over a year and worked at least 1,250 hours in the last year to take medical leave for up 12 weeks per twelve-month period. Employers cannot fire, suspend or discriminate against an employee who exercises their right to take family or medical leave.

Qualifying Conditions

Employees may take family leave or medical leave under any of the following circumstances:

  • The employee or their spouse, parent or child has a serious health condition that requires either inpatient care or continuing medical treatment.

  • The birth or adoption of a child - this right may be exercised by both women and men.

What Is Required of Employers

Under the Family Medical Leave Act (FMLA) and the California family Rights Act (CFRA) an employer is required to:

  • Allow a total of 12 weeks unpaid leave in a one year time period.

  • Maintain the employee’s seniority within the company and either return the employee to the same position they held prior to taking Medical Leave or Family Leave or to a similar position.

  • Maintain the employee’s benefits during the time period that they are on leave.

In order for an employee to qualify to take medical leave, the employee must provide documentation from the physician to the employer regarding the medical condition and expected duration of their leave. The rules and regulations applicable to FMLA and CFRA leaves are very complex and require expert legal advice.

If your employer has wrongfully violated your rights to take Family or Medical Leave, or if you have been retaliated against as a result of exercising your right to take leave, please fill out our Employment Law Case Evaluation Form. A representative from our office will contact you after we have fully reviewed the information provided.

For immediate assistance, call Employment Lawyer Geniene Stillwell and the attorneys at the Stillwell Law Office today at (949) 494-4744 to schedule a consultation. Attorney Stillwell will advise you as to your best course of action, help ensure that your rights are protected, and fight for monetary compensation. Don’t wait - failure to act in a timely manner could result in losing the compensation that you’re entitled to under the law. We want to make sure your employee rights are protected!

We are located in Laguna Beach, California and represent clients throughout Southern California.