Category: FMLA / CFRA
FMLA and CFRA medical leave right of California workers
Can You Be Fired While On Medical Leave?
One of the most common types of questions we hear people ask over over and is this: Can I be fired while on medical leave / disability leave / after being injured at work or outside of work / if I am pregnant? The answer to this question has to be divided into two parts: Read More …
A Critical Document For Proving a Disability Discrimination Case
One of the common types of wrongful termination cases based on the employer’s violation of medical leave and disability laws is terminating an employee who is supposed to return to work at some future date after being out for several months or longer, and after extending his originally granted leave once or a few times. Read More …
CFRA Rights Explained (California Family Rights Act)
CFRA rights are intended to give employees an opportunity to take leave from work for certain personal or family medical reasons without jeopardizing their job security. Nelson v United Technologies (1999). Generally, CFRA makes it illegal for an employer of fifty or more employees to refuse to grant a request by an employee to take Read More …
FMLA Mistakes – Insufficient Medical Note
One of the common mistakes that employees make that’s rarely their fault is providing a very generic, insufficient medical note to the employer in support of their absence. This is the type of note that does not properly put the employer on notice of that employee’s disability or FMLA qualifying medical condition. As a result, Read More …
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 …
Two Important Facts About FMLA Leave
There are two important facts that every employee in California should know about FMLA / CFRA leave that might prove to be critical in certain not uncommon situations: 1. ADA Leave May Be Available Where FMLA Isn’t Even if you don’t qualify for FMLA because of the hours worked for the employer or the size Read More …
How to Correctly Request Medical Leave or Disability Leave
It is very important that the medical note that you provide to your employer to substantiate your medical / disability leave is sufficient and properly written. Don’t expect your doctor to know how the note should be written from a legal standpoint and make sure that you keep the following five basic tips in mind Read More …