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

Family and Medical Leave Act (FMLA) Archives

Timing of termination matters to claims of retaliation

The law could view a California employer as retaliating against an employee if the company terminates the person's employment only a short time after the person engages in protected activity. A ruling from a federal appeals court illustrates this concept of temporal proximity, which indicates that one action caused another action soon thereafter.

FMLA leave and "in loco parentis"

A California employer of a worker who has applied for leave under the Family and Medical Leave Act to care for someone who is not legally or biologically the employee's parent or child might still be required to grant that employee FMLA leave. "In loco parentis" refers to a relationship that is like that of parent and child, and if this relationship exists, the employee may be eligible for FMLA leave. Furthermore, the employee does not have to specifically invoke the phrase "in loco parentis" but simply needs to state the nature of the relationship. It may be up to the employer to ask for more information.

Fired employee's FMLA case can go forward

Communication between California employers and their employeescould prevent court battles over the right to take leave under the Family and Medical Leave Act. The case of a man fired by a credit union hinged upon insufficient communication. Although a federal district court granted a summary judgment in the employer's favor, based upon the employee not providing enough details when taking leave, the appeals court disagreed because the employer should have made a greater effort to gather information. This ruling will allow the case to heard by a jury.

Federal court of appeals ruling supports employers

California workers as well as their employers may want to take note of a federal appellate court ruling issued on Jan. 18. It means that employees cannot necessarily use a disability or the Family and Medical Leave Act as excuses in regards to termination for misconduct and work performance. Therefore, in most of these situations, the employer's assessment of the facts will matter more than the employee's theory when it comes to the type of punishment the employee will receive for their misconduct or poor work performance.

7th Circuit awards employee in FMLA retaliation case

California residents may be interested in a recent 7th Circuit decision that involves the Family and Medical Leave Act as well as work-at-home arrangements between employers and employees. The January 9 decision was a victory for a worker who was fired from her job after leaving work to care for a family member.

Court rules FMLA retaliation lawsuit can proceed

California workers who are covered by the Family and Medical Leave Act may find an Ohio case to be of interest. In November, a federal district court ruled that it will allow a retaliation lawsuit by an employee to move forward after he proved his furlough was connected to his FMLA request two days earlier. The plaintiff was the only worker furloughed by the employer.

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.

FMLA leave and protection for pregnant women

When the editor of a popular magazine was let go from her job on Aug. 22 while on maternity leave, it caused many people to wonder what protections exist for pregnant women or women who have just given birth. There is no federal guarantee of maternity leave. While workers throughout the country are protected from discrimination under a federal Pregnancy Discrimination Act, California workers have additional protections.

Man sues employer for FMLA interference

When an employee takes time off from their job, they're entitled to receive notices from their employer informing them about their rights under the Family and Medical Leave Act. Failure to present an employee with these notices can have severe consequences for the employer. Recently, a former bank employee won an FMLA interference claim after he alleged that his employer failed to inform him about his job restoration rights.

Technology helps track FMLA eligibility and manage leave data

Employers likely find it difficult to track and manage employee leave allowed by disability plans, state laws and the Family and Medical Leave Act. However, software solutions are delivering some relief for administrators. It might help if California workers are aware of these options and know which ones their employers are using.

  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
disclaimer.

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.

close

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