Anaheim, CA: When it comes to defending Family and Medical Leave Act rights, regardless of whether the employee is in California or Ohio, there are certain rules an employer cannot break. Federal FMLA laws apply across the US, while state laws, such as California FMLA, apply only to the individual states. Despite the existence of state FMLA laws, though, there are regulations that employers in every state must follow. Among them is the rule concerning retaliating against employees.
Washington, DC: A new report from Bloomberg BNA (10/24/16) suggests the number of Family and Medical Leave Act lawsuits is on the rise. In California, FMLA lawsuits have been filed against employers, alleging violations of employee rights to family and medical leave.
San Bernardino, CA: In somewhat of a curious outcome to a California FMLA and harassment lawsuit, a jury has found in favor of the City of Redlands in a lawsuit brought by a former employee who alleged discrimination and harassment by the City and a City employee.
Los Angeles, CA: A new study conducted by the Center for WorkLife Law at the University of California Hastings College of the Law suggests that discrimination against workers who take time to care for family members has resulted in more employee lawsuits being filed against employers. Those lawsuits allege violations of a number of laws, including the Family and Medical Leave Act (FMLA) and other state and federal laws. Perhaps surprisingly, men make up 38 percent of all FMLA cases reported, indicating they, too, are victims of discrimination when they take time off to care for family members.
Los Angeles, CA: A wide-ranging California FMLA lawsuit that alleges violations of the federal Family and Medical Leave Act (FMLA) together with alleged violations against other federal and state statutes was filed in February by a former UCLA resident doctor. The lawsuit, which names among the defendants the University of California Board of Regents, claims that the university denied the plaintiff the right to maternity leave, and later terminated her residency at the university, allegedly because UCLA was not willing to accommodate an unrelated leg injury.
Sacramento, CA: A new study published by Forbes suggests that although employees in California have access to paid family leave, few employees are using it. A major reason for that discrepancy could be that although California’s Family Temporary Disability Insurance (FTDI) allows for paid family leave, it does not offer job protection for workers who take the leave. That protection is offered by the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), but those acts only apply to certain employees who are on unpaid leave.
Sacramento, CA: Parents in California now have more flexibility when it comes to their families, thanks to a new California family leave bill. The bill, which took effect as of January 1, increases protections for parents who have to take time off to care for children or enroll children in school.
San Diego, CA: Under the California Family Rights Act (CFRA), employees of covered employers are eligible for certain job protections, including the ability to take time from work for the birth of a child or the serious health condition of the employee’s child, parent or spouse. When the employee returns to work following the leave, the employee must be given the same or an equivalent job, meaning the employee cannot be fired for taking California CFRA leave - or, for that matter, for taking leave under the Family Medical Leave Act, which is the federal statute protecting employees.
San Francisco, CA: When it comes to understanding employment rights, areas such as family leave can be complicated. That’s because family medical leave is covered federally by the Family and Medical Leave Act but is covered in California by the California Family Rights Act. Ultimately, though, it means eligible employees are able to take up to 12 weeks off, paid or unpaid, for certain reasons.