Individuals who work for employers with at lest 50 employees, and who have been employed by that employer for at least a year, are likely eligible for family or medical leave under both California and Federal law. These employees are eligible for up to 12 workweeks of leave per year. This leave may be unpaid, but key benefits like group health coverage must be maintained. Moreover, the employer must reinstate the employee returning from leave to the same or to a comparable position.
Leave must be provided to eligible employees for:
- The birth of an employee’s child or the employee adopting a child (applies to fathers and mothers);
- Providing care for the employee’s child, spouse, or parent who has a serious health condition; and
- A serious health condition of the employee that prevents that employee from working.
It is illegal for an employer to prevent an eligible employee from seeking or taking this leave, or to discriminate against an employee for either presently taking this leave, or for having taken the leave in the past. Employer violations may result in employee reinstatement, back pay, as well as damages for emotional pain and suffering, punitive damages, and attorney’s fees.
Mr. Velarde may be able to handle your family or medical leave claim on a contingency fee basis, meaning that we receive no attorneys’ fees unless we are successful in recovering compensation for you.