FMLA Category Archives — Page 2 of 3 — Orange County Employment Lawyers Blog Published by Orange County, California Employment Attorneys

Sharif v. United Airlines – FMLA Dispute Ruling Favors Employer

November 11, 2016 | by Nassiri Law

The Family Medical Leave Act (FMLA) is a federal statute intended to enable workers who need to take leave for legitimate personal and family needs and medical reasons to do so without retribution. A company that retaliates against a worker for using these guaranteed safety net can be held liable in court and ordered to pay damages to the worker.

In the case of Sharif v. United Airlines, Inc., a plaintiff argued this was exactly what happened to him. However, the employer argued the worker had fraudulently taken FMLA leave in order to extend his vacation and further that he made dishonest representations when the company launched an investigation of it.

The U.S. Court of Appeals for the 4th Circuit ultimately sided with the employer, finding the worker had not established a triable issue of fact that the airline truly fired him for taking leave, rather than fraudulently taking leave and then lying about it. Continue Reading ›

Report: Caregivers Are Increasingly Winning Workplace Discrimination Lawsuits

September 14, 2016 | by Nassiri Law

A new report on Caregivers in the Workplace, published by the Center for WorkLife Law at the University of California’s Hastings College of Law, explores the ways in which family responsibilities have long been a source of workplace discrimination, and how the legal landscape is changing.

The report refers to this type of illegal action as “family responsibilities discrimination,” and it stems from an employer’s unwillingness to allow workers to tend to caregiving duties – i.e., pregnancy, motherhood, fatherhood care for family members who are sick or have disabilities and caring for aging or ill parents. The report was based on information from 4,400 family responsibilities discrimination cases.

What researchers are finding in many of theses instances is that employers still don’t seem to understand what their obligations are. They don’t get workers’ rights, they don’t understand what family responsibility discrimination is and they aren’t taking the time to learn how they might be liable for it. Continue Reading ›

Study: California Offers Most Workplace Protections for New Families

August 30, 2016 | by Nassiri Law

A new study conducted by the National Partnership for Women and Families revealed that California is No. 1 in the country for workplace protections for new parents.

Parents and those who are expecting can generally expect a better work-life balance in California than anywhere else in the country, according to researchers in the study, “Expecting Better: A State-by-State Analysis of Laws That Help Expecting and New Parents.” The study looked at the measures states have taken – or not taken – to add to the protections of the federal Family and Medical Leave Act (FMLA), specifically with regard to protections for new parents. Those provisions of the act were added in 1993.

California had the best initiatives in terms of:

Paid sick days
Paid family medical leave
Accommodations for pregnancy
Protections at work that went above and beyond FMLA for expecting and nursing moms

More Workers Suing Over Family Leave Discrimination, Report Says

July 4, 2016 | by Nassiri Law

A recent study by the Center for Worklife Law at the University of California’s Hastings Law School revealed that, after years being discriminated against for taking family leave to which they are entitled, workers are fighting back. Specifically, they are pursuing FMLA discrimination lawsuits (Family Medical Leave Act) at an increasing clip.

Many are new parents who face discrimination during pregnancy or right after having a new child. Others are caregivers who are taking on responsibilities of caring for a sick relative.

The other thing the report revealed? The aggregate win rate on FMLA discrimination lawsuits is about 67 percent of the cases that go to trial, which is about five times higher than other types of employment lawsuits. That assumes you are a good, diligent worker who has been the victim of what you believe to be discrimination. (Keep in mind too, cases may be settled to your advantage far in advance of trial.) Continue Reading ›

Report: Increase in Paid Family Leave in California

April 30, 2016 | by Nassiri Law

According to a recent news feature from Benefits News, a new labor law taking effect in 2018 will increase the amount of pay for family leave based upon a percentage of their average weekly wages during normal (not overtime) working hours.

The state employment law will provide California’s workers with six week of paid family leave, and this will be administered through a state unemployment provision of the labor code. While this may sound confusing, Governor Jerry Brown signed Bill 908 into law that will require workers in California to have 55 percent of their average weekly wages paid for up to six weeks a year if that employee decided to take the up to six weeks of family leave to which all workers are entitled each year. Continue Reading ›

New Law Affecting Employee School Leave In California

January 17, 2016 | by Nassiri Law

According to a recent news article from Capital Public Radio, a new law has taken effect in the state of California that is designed to protect workers who need to take off time from work to handle a school emergency with their children or to enroll the child in daycare or school.

This legislation was authorized by California State Senator Hannah-Beth Jackson, a Democrat representing Santa Barbara, and she said the new law reflects a modest change to help working families make ends meet while taking care of their children and making sure they get a good education. Continue Reading ›

Hansler v. Lehigh Valley Hosp. Network – Rights Under FMLA

July 22, 2015 | by Nassiri Law

The Family and Medical Leave Act – also routinely referred to as “FMLA” – entitles most workers to take unpaid, job-protected leave for specified family and medical reasons. Workers can take up to 12 months in a given period, and it can be for anything from the birth of a child (within one year) to the serious health condition of a spouse to an illness that renders the employee unable to work.

What many people don’t realize about this act is that the time to which they are entitled doesn’t necessarily need to be taken all at once.

For example, if a worker injures her back and her doctor grants permission to take periodic time off work as needed for pain, there are allowances for that.

Unfortunately, many employers don’t realize this either, and workers may face disciplinary action or even wrongful termination for exercising these rights. Continue Reading ›

Mandatory Paid Sick Leave in California

July 1, 2015 | by Nassiri Law

While there has obviously been a lot of discussion about the increase in minimum wage in the city of Los Angeles and the state of California, the amount of money an employee earns per hour is not the only thing that determines whether an employee can live off his or her salary.

Benefits can actually be equally as important or even more important than weekly wages, because benefits can significantly reduce the amount of expenses an employee has and can also provide a means for an employee to take care of his or her family. Continue Reading ›

2015 California Laws and Employee Protections

December 6, 2014 | by Nassiri Law

Every year, California businesses need to learn and adjust to new employment and labor laws and regulations. As the end of 2014 draws near, corporations and small-businesses alike will be shifting gears to implement new policies in accordance with California laws slated to go into effect in 2015. In addition to employers learning their new obligations, employees should consider their rights and take legal action in the event of a violation. Not surprisingly, the regulations cover a variety of issues including wage and hour law, discrimination, and leave of absences. The following is a brief summary of many of the laws that will take effect in 2015:

Expanded Coverage for Emergency Duty: Under current California law, employees are protected from discharge or discipline when they take time off to perform emergency volunteer service. The new law expands its definition from “emergency rescue personnel,” to include all individuals who perform services for government agencies.

Expanded Definition of Protected Individuals: Under the Fair Employment and Housing Act (FEHA), new law will cover employees as well as unpaid interns and volunteers, employees receiving public assistance, and driver’s licensed persons who are otherwise undocumented.

AIDS Discrimination in the Workplace

November 24, 2014 | by Nassiri Law

In addition to personal health consequences, those who have contracted HIV or AIDS may face additional challenges in the workplace including discrimination. Under federal law, discrimination against individuals who have been diagnosed with AIDS is illegal. The Americans with Disabilities Act (ADA) prohibits employment discrimination based on disability and courts have found that even asymptomatic HIV is protected under this law. Workplace discrimination against HIV/AIDS applicants and employees may take the form of failure to hire, demotion, or termination of employment.

Those with AIDS may also face complications related to finding healthcare, a barrier which is addressed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA gives AIDS patients with group coverage new protections against discrimination. It makes health care coverage more accessible to small businesses and their employees. After termination, HIV/AIDS patients are entitled to Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), health insurance after their own employment is terminated. For most employees who must cease employment for health related reasons, COBRA benefits extend from 18 to 36 months.

Workers with AIDS may encounter discrimination at any stage of employment. From hiring to seeking paid leave and medical care, through termination or job loss. Those who have suffered from discrimination in the form of adverse employment action, health care denial, or under the Family Medical Leave Act (FMLA), have the right to take action against an unlawful employer. The FMLA allows employees to take leave for serious medical conditions or to care for a loved one who suffers from HIV/AIDS. Those who are eligible are entitled to 12 weeks of job-protected unpaid leave during any 12-month period.