The Family and Medical Leave Act of 1993 (FMLA) is a federal law designed to ensure workers have the right to take unpaid leave for medical and family reasons that meet specific criteria. Unfortunately, not all employers abide by this law.
Do you believe your current or former employer violated your legal rights by failing to allow you to take leave when you or a family member was seriously ill or injured?
Contact an attorney with experience handling such cases if so. At JML Law, an Oakland FMLA violations lawyer will explain your legal options in greater detail after learning about your circumstances. If you decide to work with us, we will also provide effective representation, optimizing your chances of holding an employer accountable.
WHAT YOU NEED TO KNOW ABOUT YOUR FMLA RIGHTS
The FMLA often supports workers who wish to focus on raising children or caring for ailing loved ones. Specific goals of the FMLA include (but are not limited to):
- Allowing workers to take time off to care for newborn or newly-adopted children
- Letting workers care for family members who are terminally ill
- Promoting easier recovery for injured or ill workers
Understanding the manner in which the FMLA protects your rights can be challenging if you’re not thoroughly familiar with the nuances of the law. This is one of many reasons it is wise to enlist the help of an FMLA violations law firm serving Oakland, CA workers if you have questions about the validity of your case.
Whether FMLA protections apply to you depends on a number of factors. Generally, the FMLA applies if:
- A company has had 50 or more employees in at least 20 weeks of the last year;
- An employee has worked with a company for at least 12 months and 1,250 hours over the past year.
This may seem relatively easy to grasp. However, there are circumstances when it is not necessarily this easy for an employee to know for certain if they have grounds to take legal action due to a perceived FMLA violation.
For example, if the total number of workers employed by an employer within 75 miles of a given work site is less than 50, an employee working at that site is not protected by the FMLA.
Additionally, if workers plan on using the FMLA to justify taking time off to care for newborn or adopted children, they must provide their employers with 30 days’ notice when a birth or adoption is “foreseeable.” It’s also necessary for a worker to provide 30 days’ notice if they can reasonably expect to be managing a serious health condition in the near future.
CONTACT AN OAKLAND FMLA VIOLATIONS ATTORNEY TODAY
The above information is not meant to discourage you from taking legal action if you believe an attorney has violated the FMLA. It’s meant to highlight the importance of working with qualified Oakland FMLA violations attorneys to build a strong case. To learn more about what our team at JML Law can do for you, contact us online or call us at 818-610-8800.
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