West Sacramento FMLA Lawyer

West Sacramento FMLA Attorney

According to the Family and Medical Leave Act, the majority of employees in the state of California have the ability to take leave for medical or family-related reasons without fear of losing their jobs or suffering disciplinary action.

If you believe your right to family and medical leave has been infringed upon, speak with a West Sacramento FMLA lawyer as soon as you are able.

Fulton Law Corporation is a California employment law firm that has been dedicated to representing employees for over 23 years. Jeffrey D. Fulton has vast trial experience against major corporations and has achieved favorable results for his clients, including multi-million-dollar settlements. Your case couldn’t be in better hands when you partner with Fulton Law Corporation.

When to Hire an FMLA Lawyer in California

In March 2023, 90 percent of civilian workers had access to unpaid family leave, and 89 percent of private industry workers had the same access. Among local and state government employees, 94 percent had access to unpaid family leave.

Under California and federal law, employees are allowed to take unpaid leave for family and medical-related reasons as outlined within the Family and Medical Leave Act (FMLA). Part of this right is that the worker’s job is protected while they are on leave.

If you have been denied or punished for requesting to participate in any of these protected activities, don’t hesitate to hire an FMLA lawyer:

• Leaving to give birth or care for a child
• Taking leave to oversee the placement or adoption of a child
• Taking time to care for an immediate family member, such as a child, parent, or spouse, who has a serious health condition
• Leaving to tend to your own serious health condition
• Taking leave to address obligations or medical issues related to a family member’s military service

These actions are protected for eligible employees. In order to be eligible for FMLA rights, a person must have worked for an employer with 50 or more employees within a 75-mile radius. The employee must also have worked for this employer for at least 12 months, with at least 1,250 hours of work in the previous year.

If a worker was denied their ability to take valid leave or punished for asking to do so, it is considered a violation of an employee’s FMLA rights. If they are denied leave, fired, denied promotions, or not reinstated to their previous position upon returning from leave, they may have grounds for an FMLA violation case. Consult with a West Sacramento FMLA attorney if you believe your rights have been violated.

Choose Fulton Law Corporation for Your FMLA Case

At Fulton Law Corporation, our dedicated legal team has worked on countless FMLA cases and similar employee law violations. Our firm prioritizes each client, working to provide measured counsel and fierce representation. No matter the circumstances of your case, we can review the details of your case and explain what legal options are available before guiding you through every step of the process.

Most FMLA issues in the West Sacramento area are typically handled by the U.S. District Court system, particularly the Robert T. Matsui U.S. Courthouse. This legal venue is located at 501 I Street, Sacramento, CA 95814. However, depending on the details of your case, the courthouse that may oversee your case can vary. Be sure to ask your employee law attorney about where your case is most likely to be processed.

FAQs

Are All Employees Eligible for FMLA in CA?

No, not all employees in West Sacramento, California may be eligible for unpaid leave under the Family and Medical Leave Act. In order to qualify for FMLA rights, a person must work under an employer with 50 or more employees within a 75-mile radius. Additionally, the worker must have worked for the employer for at least the last 12 months and for at least 1,250 hours during the last 12 months. Be sure to ask your lawyer whether you qualify.

Can I Be Compensated for an FMLA Violation?

Yes, if you win your case, it is possible to be compensated for an FMLA violation in California. Damages that you may be able to recover include economic damages, such as lost wages or benefits, back pay if wrongfully terminated, and more.

While FMLA laws do not allow employees to receive emotional distress or punitive damages, CFRA cases are eligible to receive these damages. To find out how much you may be entitled to receive in compensation, consult your attorney.

Is the CFRA the Same as FMLA in California?

The California Family Rights Act (CFRA) is a distinct law from the FMLA, although the two are similar because both provide employees with benefits when on leave for medical or family-related reasons. The CFRA can be more flexible by allowing for intermittent leave or reduced work schedules. It also allows workers to take leave to care for a domestic partner or their children. To qualify for CFRA rights, a person must work for an employer with more than five employees.

What Is Considered an FMLA Violation in CA?

In the state of California, an FMLA violation is considered any instance where an eligible worker is denied their right to unpaid family or medical leave. Additionally, it is an FMLA violation if a worker is punished for requesting or taking eligible leave, such as getting fired, not being reinstated to their previous position, or getting denied promotions, among other disciplinary or adverse actions. Ask an employment lawyer if you are unsure whether your situation is an FMLA violation.

How Does an FMLA Attorney Help My Case?

There are numerous ways an FMLA attorney can help in your case in the state of California. A lawyer is able to review the circumstances and available evidence of your situation to determine whether you have a strong claim of an FMLA violation.

As your legal counsel, an attorney can also explain your legal options and guide you through the first steps, including filing a claim. Your lawyer advocates on your behalf by representing your interests in any legal proceedings.

Consult a West Sacramento FMLA Lawyer

If you believe your rights under the FMLA or CFRA have been infringed upon, the dedicated team of employment law attorneys at Fulton Law Corporation is ready to stand up on your behalf. Contact us today to schedule an initial consultation with a skilled and experienced FMLA lawyer.

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