Personal Leave v FMLA Leave

Under the law, it is the employer’s responsibility to determine when FMLA leave is appropriate, to inquire as to specific facts to make that determination, and to inform the employee of his/her entitlement to medical leave, once the employee approaches the employer and reasonably informs the employer of having an FMLA qualifying medical condition. Bailey Read More …

Retaliation for Taking FMLA

One of the more common types of unlawful retaliation is FMLA retaliation. An employee goes on FMLA leave due to a serious medical condition, and the employer is unhappy about it for various reasons. It’s possible that the employer suspects that the employee’s medical issues are fabricated and he is just trying to find an Read More …

Pregnancy Disability Leave Basics (PDL)

Pregnancy Disability Leave Act (PDL) is part of the California FEHA (Fair Employment and Housing Act). It requires employers to provide up to four months of leave to employees disabled by pregnancy, childbirth, or a related medical condition. Employers who provide more than four months of leave for other kinds of temporary, non-industrial disabilities must Read More …

How to Prove FMLA Retaliation Claim in California

Besides providing for leave of absence for an employee’s serious medical condition or a close family member’s medical condition, FMLA (family medical leave act) makes it illegal for employers to retaliate against employees for exercising their right to medical leave under FMLA or CFRA (California Family Rights Act). This means that disciplining, demoting or terminating an employee for Read More …