Roseville FMLA Lawyer

Roseville FMLA Attorney

In California, it can be overwhelming for workers when they need to take a medical leave from their job. They may not understand the full complexities of California laws and often fear retaliation from their employer. A Roseville FMLA lawyer can help explain your rights as a California worker and pursue legal action if those rights have been violated.

Hire an FMLA Lawyer to Protect Your Legal Rights

At Asbill Law Group, our focus is on California employment law. Our team understands that the outcome of the cases we take on makes a real difference in our community. Our goal is to provide competent legal services to workers throughout California so they have the necessary knowledge to advocate for their rights.

FMLA Laws in California

In 2024, the top job industries in Roseville included:

1. Health care and social assistance, with 12,703 employees
2. Retail trade, with 8,494 employees
3. Professional, scientific, and technical services, with 7,479 employees

Almost every worker in California has a legal right to take unpaid leave when they need to. This federal law is called the Family and Medical Leave Act. While many employees think this only relates to their own medical leave, workers can also take time off to care for a seriously ill family member, bond with a new child, and take care of specific military-related events for a family member in service.

Eligible employees can take off up to 12 weeks of unpaid leave in a calendar year. To take FMLA, the worker must have:

1. Worked for their employer for at least one year
2. Worked at least 1,250 hours during the past year

FMLA Discrimination

Taking FMLA is every eligible worker’s legal right. If your employer or co-workers discriminate or harass you for doing so, it’s unlawful, and you may be able to pursue legal action. Examples of FMLA discrimination and retaliation can include:

• Being demoted right after coming back from leave
• Having your FMLA request rejected without a valid reason
• Being called names or slurs for filing your FMLA
• Being excluded from work events that you normally would be invited to
• Getting your hours cut after coming back from FMLA
• Being harshly criticized in your work or given an unfair work evaluation after coming back from leave
• Changing your job role after filing your leave request

It can be difficult to notice these types of retaliatory acts. Perpetrators often use manipulation to commit retaliation while avoiding responsibility for it. If you suspect you’ve faced discrimination or retaliation in your workplace, you’ll need to hire an FMLA lawyer to help you understand what you can do to protect yourself.

What to Do if You’ve Experienced Workplace Discrimination About Your FMLA

Victims of unlawful acts in the workplace have a couple of options they can pursue. You can either:

1. File an official complaint with California’s Civil Rights Department. In 2023, there were 29 employment complaints filed with the Civil Rights Department throughout Placer County. That same year, there were 319 complaints throughout California filed with the Civil Rights Department regarding FMLA. Once your complaint is filed, the Civil Rights Department will conduct an investigation into the matter.
2. Filed an official complaint with California’s Civil Rights Department, along with a “right-to-sue” notice. If you choose this option, you’ll be allowed to pursue a legal case against the perpetrator. You can file your case at the Hon. Howard G. Gibson Courthouse, located at 10820 Justice Center Drive. However, if you select this option, the Civil Rights Department won’t investigate the matter, and it will instead be handled solely in court.

Your attorney can help you decide which option is right for your unique case.

FAQs

Can I Be Fired for Using FMLA?

You cannot be fired for using FMLA if you did so lawfully. This would be considered an act of retaliation. Employees are protected from retaliation when they exercise their legal rights, such as filing for FMLA. However, this can be difficult to prove, as California is an at-will state, meaning that employers can terminate employees for nearly every reason. You’ll need substantial evidence to prove your termination was unlawful.

What Do I Need to Do When Taking FMLA?

When taking FMLA in Roseville, you need to give reasonable notice if you’re able to do so. You’ll also be responsible for trying to plan medical treatments and doctors’ appointments around work to minimize disruption. Your employer can request a doctor’s letter if the leave is medical-related, as well as request a doctor’s letter when you’re ready to return to your job.

Do I Still Have Health Insurance Coverage While on FMLA?

You’ll still have health insurance coverage while on FMLA. Employers have to maintain your coverage for up to 12 weeks, just as if you were still working. This includes medical, dental, and vision benefits under a group health plan. Depending on your employer’s workplace policies, you may also be able to use accrued paid time off during your FMLA leave to receive compensation.

Which Employees Can Take FMLA in California?

In California, employees who work at companies with over 50 employees are eligible to take FMLA leave. This classification means that employees working at small businesses may not be able to take FMLA. In 2023, only 27% of workers in private industries throughout the United States were eligible for FMLA. Luckily, California workers are also protected under the California Family Rights Act, which has more flexible requirements.

What Is the California Family Rights Act?

The California Family Rights Act is similar to FMLA. It allows employees at companies with five or more workers to take up to 12 weeks of unpaid leave per year to care for themselves, a sick family member, or to bond with a new child. Once the worker returns from leave, they’ll be able to return to their same job or a similar position.

Contact an FMLA Attorney Today to Discuss Your Legal Rights and Options Under California Law

When dealing with the complexities of California employment law, you need an attorney you can trust. Reach out to Asbill Law Group today to schedule a confidential case evaluation with Natalia D. Asbill-Bearor. From answering your questions to pursuing full litigation, our firm is ready to hear your case.