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Orange County FMLA Attorneys

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FAMILY MEDICAL LEAVE ACT

Orange County FMLA Attorneys

Ever felt torn between your job and taking care of a loved one? Or maybe you’ve been in a situation where you needed time off for your own health, but worried about losing your position? It’s a dilemma that countless employees face, often caught in the crossfire between their personal responsibilities and professional obligations. This is where the Family Medical Leave Act (FMLA) steps in—a federal law designed to protect your job while you take care of what really matters.
However, as straightforward as it sounds, the FMLA can be complex, with specific eligibility requirements, detailed rules, and potential pitfalls. At Ranking Legal Group, we’re here to help you understand and exercise your rights fully, whether you’re seeking leave or managing it within your organization. Our commitment is to protect your interests, ensuring you can handle life’s challenges without sacrificing your career.
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Eligibility for FMLA: Who Can Take Advantage?

The FMLA isn’t a one-size-fits-all solution—it’s tailored to specific circumstances and eligibility criteria.

FAMILY MEDICAL LEAVE ACT

Employee Requirements

To be eligible for FMLA leave, an employee must meet two key criteria:

Length of Employment

You must have worked for your employer for at least 12 months. These 12 months don’t need to be consecutive, but they do need to total up to a full year.
This requirement ensures that FMLA is available to employees who have established a significant work relationship with their employer.

Hours Worked

In addition to the length of employment, you need to have clocked in at least 1,250 hours over the past 12 months.
This equates to approximately 25 hours per week, ensuring that part-time and full-time employees alike can qualify for FMLA, provided they meet this threshold.

FAMILY MEDICAL LEAVE ACT

Qualifying Reasons for Leave

  • Employee’s Own Serious Health Condition
    If you’re dealing with a significant health issue that makes you unable to perform your job, FMLA has you covered. This includes chronic conditions, surgeries, and even severe mental health issues.
  • Care for a Family Member with a Serious Health Condition
    The FMLA recognizes that sometimes, your loved ones need your support. Whether it’s your spouse, child, or parent who’s ill, you can take leave to care for them without worrying about losing your job
  • Birth, Adoption, or Foster Care Placement
    Welcoming a new child into your home is a joyous occasion, and FMLA ensures you can take time off to bond with your new family member, whether by birth, adoption, or foster care.
  • Military Family Leave Provisions
    Special provisions under FMLA cater to military families. If your spouse, child, or parent is a service member facing deployment or dealing with a serious injury, you’re entitled to FMLA leave to support them during these challenging times.

FAMILY MEDICAL LEAVE ACT

FMLA Rights and Protections: What You’re Entitled To

Amount of Leaves

Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave within 12 months. You may be entitled to up to 26 weeks if you’re dealing with military family issues. This leave can be taken all at once or intermittently, depending on your needs and the specific circumstances.

Continuation of Health Benefits

During FMLA leave, your group health insurance coverage continues just as if you were still working. This provision ensures that you don’t lose your health benefits at a time when you might need them the most.

Job Protection

One of the core protections of the FMLA is job security. When you return from FMLA leave, your employer must reinstate you to the same or an equivalent position. This means the same pay, benefits, and working conditions you had before you took leave. FMLA ensures that taking care of yourself or your family doesn’t come at the cost of your livelihood.

Intermittent Leave

FMLA isn’t just for long stretches of time off. You can take leave intermittently, such as a few days at a time, or even reduce your work schedule. This flexibility is particularly beneficial for those managing chronic conditions or ongoing treatment plans.

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Employee Responsibilities: What You Need to Do

  • Notice Requirements
    If your need for leave is foreseeable—such as a planned surgery or the birth of a child—you are required to give your employer at least 30 days’ notice. If the need for leave is unexpected, you should notify your employer as soon as possible, typically within one or two business days.
  • Certification Process
    Your employer may request a medical certification to support your need for FMLA leave. This means you’ll need to provide documentation from a healthcare provider detailing the nature of your condition or that of your family member. It’s important to provide this certification promptly to avoid any delays or issues with your leave.
  • Returning to Work
    When your leave is over, you should be prepared to return to work. In some cases, your employer might request a fitness-for-duty certification, confirming that you’re able to resume your job duties. Once you’re back, your job—or a job with equivalent pay and benefits—should be waiting for you.

Common FMLA Violations: What to Watch Out For

Interference with FMLA Rights

Employers might try to discourage you from taking FMLA leave by making it difficult to apply or by questioning your need for leave excessively. Any action that hinders your ability to use your FMLA rights is considered interference and is illegal.

Failure to Reinstate Employee

If your employer refuses to reinstate you to your original or an equivalent position after FMLA leave, they are in violation of the Act. This could be grounds for legal action, as FMLA guarantees your right to return to work.

Retaliation for Using FMLA Leave

Retaliation occurs when an employer punishes you for taking FMLA leave. This could be a demotion, a pay cut, or even termination. If you suspect retaliation, it’s essential to seek legal help immediately.

Improper Denial of FMLA Leave

Sometimes, employers incorrectly deny FMLA leave, claiming that an employee isn’t eligible or that their reason for leave doesn’t qualify. If you believe your leave was wrongly denied, consulting with an attorney is crucial to understanding your legal options.

FAMILY MEDICAL LEAVE ACT

Call an Employment Discrimination Lawyer in Orange County Today

If you’re facing challenges with your FMLA leave—whether it’s denial, retaliation, or pressure to return to work—Rankin Law Firm is here to help. You shouldn’t have to fight for the rights that the Family Medical Leave Act guarantees. If your employer has interfered with your right to take leave or tried to punish you for using it, we’ll fight to protect your position and ensure you receive the benefits you deserve. And if necessary, we’re prepared to take your case to court to secure the justice you’re entitled to.
Contact us at (949) 542-5233 today to ensure your rights and future are secure. We’re here to help every step of the way.
Free Consultation(949) 542-5233