Understanding Your Rights Under the FMLA and CFRA: Nassiri Law

Introduction

At Nassiri Law, led by attorney Damian Nassiri, we are deeply committed to defending the rights of employees who need to take leave for medical or family reasons. Both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide protections for employees, but navigating these laws can be complex. We’re here to help you understand your rights and ensure they are upheld.

Eligibility for FMLA and CFRA Leave

Under the FMLA (29 USC §§ 2612, 2613; 29 CFR § 825.100(a)) and the CFRA (Cal. Gov. Code § 12945.2(a)), employees are eligible for leave if they have worked for their employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Understanding these eligibility requirements is crucial for employees who need to take leave for medical or family reasons.

Qualifying Leave Under FMLA and CFRA

Leave under the FMLA and CFRA is considered “qualifying leave” if it is taken for one of the following reasons:

• The birth and care of a newborn child of the employee
• The placement with the employee of a child for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
• When the employee is unable to work because of a serious health condition

These are significant life events that may require an employee to take time off work. The FMLA and CFRA recognize this need and provide protections for employees during these times.

Wrongful Termination and FMLA/CFRA Leave

Employers are prohibited from discriminating or retaliating against an employee for taking FMLA or CFRA leave. This means that if an employer fires, demotes, or otherwise penalizes an employee because they requested or took FMLA or CFRA leave, they are violating the law. This can be considered wrongful termination, and employees who experience this can seek legal recourse.

Protection Against Retaliation

Under the CFRA (Cal. Gov. Code § 12945.2(l)), employers are specifically prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any CFRA right.

In the case of Rogers v. County of Los Angeles (2011) 198 Cal.App.4th 480, 491, the court outlined the elements of a prima facie case of retaliation in violation of the CFRA. To establish a case, a plaintiff must show:

1. The defendant was a covered employer
2. The plaintiff was eligible for CFRA leave
3. The plaintiff exercised his or her right to take a qualifying leave
4. The plaintiff suffered an adverse employment action because he or she exercised the right to take CFRA leave

The Importance of Legal Representation

Retaliation cases can be complex, and it’s crucial to have experienced legal representation to navigate the intricacies of the law. At Nassiri Law, we have a deep understanding of the FMLA and CFRA, and we know how to build strong cases for our clients. We will gather evidence, interview witnesses, and use our extensive knowledge of the law to fight for your rights.

How Nassiri Law Can Help

If you believe you have been wrongfully terminated or faced discrimination or retaliation for requesting or taking FMLA or CFRA leave, Nassiri Law is here to help. Our team, led by attorney Damian Nassiri, has extensive experience in employment law and a deep understanding of the protections afforded under the FMLA and CFRA. We will work tirelessly to ensure your rights are upheld and to seek justice on your behalf.

Contact Us Today

Don’t let your employer violate your rights under the FMLA or CFRA. If you believe you have been a victim of wrongful termination or retaliation related to FMLA or CFRA leave, contact Nassiri Law today at 949-375-4734 for a consultation. We’re here to listen, support, and fight for your rights.