Family and Medical Leave Lawyer San Bernardino

Broslavsky & Weinman, LLP > Family and Medical Leave Attorneys

Family and Medical Leave Attorneys in San Bernardino, California

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide California workers with protection for unpaid medical leave for various circumstances and emergencies.

These laws evolve over time, and more protections have gradually been added. This is especially true in California, where Senate Bill No. 1383 and Assembly Bill No. 1041 significantly expanded the CFRA to include more workers while extending the qualifying reasons for their leave and the categories of family members and loved ones for whom they may take leave.

Employees should not have to choose between their jobs and caring for themselves or their family. Our San Bernardino FMLA and CFRA attorneys provide experienced, skilled representation to individuals whose rights to protected leave have been denied, interfered with, or violated.

Who is Protected Under the Family Medical Leave Act?

FMLA protects employees working for eligible companies to take up to 12 workweeks of unpaid, job-protected leave for specified family and medical reasons. These workers are also eligible for the continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave during the year.

For an employee to be eligible for these protections, they must:

Have worked for the company for at least one year.
Have worked at least 1,250 hours the previous year with the company.
Have worked at a location with 50 employees within a 75-mile radius of the location.

Eligible employees can take protected leave in the following circumstances:

To recover from a severe health condition that requires treatment or inpatient care.
For birth and bonding with a child
For a serious health condition of a spouse, parent, or child.

Family and Medical Leave Attorneys

Who is Protected Under the California Family Rights Act?

CFRA similarly provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their serious health condition or a family member with a severe health condition, or to bond with a new child, but it is now significantly broader than FMLA.

Previously, only employers with 50 or more employees were subject to the CFRA. After the recent amendments to the law, employers with as few as 5 employees are covered by the Act.

In addition, the CFRA family care and medical leave categories were expanded from just spouses, minor children, adult dependent children, and parents to also include:

All adult children.
Children of domestic partners.
Domestic partners.
Grandchildren.
Grandparents
Siblings
Parents-in-law.
Any “designated person” – defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship.

The CFRA amendments also eliminated the so-called “key employee” exemption. Employers could previously refuse family and medical leave for employees who were among the highest-paid 10% of the company’s employees if it was believed their presence at work was necessary to prevent substantial economic injury. That exception has been removed from the Act.

In 2023, eligible employees also gained the right to take 5 days of unpaid bereavement leave after the death of a covered family member. The leave must be completed within three months of the date of death and does not need to be taken consecutively

What are the Most Common Examples of FMLA, CFRA & PDL Violations in California?

FMLA, CFRA, and PDL violations can occur when employers fail to comply with the provisions outlined in the legislation, which may include:

FMLA/CFRA Violations

Employers may violate FMLA or CFRA by refusing to grant eligible employees the leave to which they are entitled, whether for qualifying medical conditions or family-related events.
Employers may not interfere with employees’ attempts to exercise their FMLA/CFRA rights. This includes discouraging employees from taking leave, providing false information, or otherwise obstructing the leave process.
Employers cannot retaliate against employees for taking FMLA/CFRA leave. Retaliation can take various forms, such as termination, demotion, or unfavorable changes in work conditions.

Even where an employer legitimately hires a replacement to fill a position due to business needs while an employee is on protected leave, the employee must still be reinstated to the same or a comparable position. Failure to do so is a violation of the law.

Calculating leave time incorrectly or improperly counting intermittent leave can be a violation. Employers must accurately account for FMLA/CFRA-eligible absences.

While on FMLA/CFRA leave, employees are entitled to maintain their health benefits, and violations may occur if the benefits are not adequately continued.

What Types of Damages are Available for FMLA and CFRA Cases in California

Depending on the case, the potential recovery includes:

Lost wages and benefits
Future lost earnings
Court costs and legal fees.
Compensation for pain, suffering, and emotional distress.
Potential punitive damages against the employer.
Reinstatement to an earlier position, when applicable

Our San Bernardino Employment Attorneys also offer the following services:

Contact our San Bernardino FMLA and CFRA Attorneys

Each instance of an FMLA and/or CFRA violation is unique to the person, the employer, and the circumstances surrounding their claim. If you believe your rights under these laws have been violated, contact our experienced San Bernardino employment lawyers to assess your situation and determine the appropriate course of action. You can call us at (909) 303-6465 or email us using the contact form on this page for a free consultation.

Our San Bernardino family and medical leave attorneys provide representation throughout the entire county, including, but not limited to, Ontario, Upland, Fontana, Redlands, and Rancho Cucamonga.

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