Avila & Shaddow Attorneys at Law
Southern California 866-450-4LAW
San Fernando Valley 818-676-9658
Nationwide Toll Free 866-450-4LAW
E-mail icon Se habla español
Main navigation search

Aggressive Protection of Your Rights Under The Law Schedule a Consultation

Overview of FMLA rights

The federal Family and Medical Leave Act of 1993 allows covered employees in California and around the country to take job-protected, unpaid leave while they are dealing with a serious medical or family issue. The right for employees to take leave is also protected under the California Family Rights Act.

An employee who works for a company with 50 or more employees is entitled to take 12 weeks of FMLA leave each year. To qualify for FMLA leave, an employee must have a serious medical condition or be caring for a family member with a serious medical condition. Pregnancy, childbirth and adoption are other issues that allow an employee to qualify for FMLA leave.

The FMLA is a federal law that is enforced by the U.S. Department of Labor. An employer that does not allow an employee to take FMLA leave could be sued. An employer could also face a lawsuit if it allowed an employee to take FMLA leave but did not reinstate the employee to an equivalent job position after the leave ended. Employees who are taking FMLA leave are entitled to keep the same employment-based insurance coverage that they had prior to taking leave.

Besides denying leave and failing to reinstate an employee who has taken leave, there are many other ways that an employer may violate the FMLA. An employer who tries to convince an employee not to take leave or pressures an employee to return from leave early may be violating employment law. Employees who believe that they have been treated unfairly at work due to their decision to take FMLA leave may want to have legal assistance in seeking appropriate remedies.

No Comments

Leave a comment
Comment Information
  1. Peer Review Rated For Ethical Standards & Legal Ability | AV PREEMINENT
  2. Consumer Attorneys Association of Los Angeles
  3. Avvo
  4. LACBA, Los Angeles County Bar Association
  5. Super Lawyers
  6. California Employment Lawyers Association

Need Help? Have Questions? Contact our attorneys for immediate assistance

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Toll Free: 866-450-4LAW
Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions