Articles Posted in FMLA

Because California recognizes gay marriage, the protections of the Family and Medical Leave Act apply to same sex partners. This is not currently the rule throughout the United States, but it may become official policy soon if a new proposed definition goes into effect. 

The change to the FMLA policy would come after United States v. Windsor, in which the United States Supreme Court struck down the provisions of the Defense of Marriage Act, which denies federal benefits to same-sex couples who are legally married. It is part of a broader trend to ensure that gay and lesbian couples enjoy the same rights as straight couples when it comes to job benefits.

If you work in California, you need to be aware of the rights that the Family and Medical Leave Act provides to you. You should be eligible to take family leave if you have a qualifying covered event involving a same-sex spouse, a domestic partner, or a child of a domestic partner.  If your employer fails to provide FMLA leave as required by law, you should contact an Orange County employment law attorney for help as soon as possible.

Paid sick days and paid leave are the dream of many employees. California provides paid family leave and has since 2002.  However, there is no federal requirement for any type of paid leave and many workers are without the ability to take a day off from work with pay when they are ill. Even California’s system for paid leave is not perfect, despite the fact that the California Employment Development Department estimated 13.1 million Californians eligible for the State Disability Insurance (SDI) program have also been covered for Paid Family Leave Insurance benefits since July of 2004. 

Costa Mesa employment law attorneys represent workers whose employers deny them leave that they are entitled to under the SDI or Paid Leave program. Our attorneys also represent workers whose employers fire them for taking advantage of paid or unpaid leave in violation of state and federal laws like the Family and Medical Leave Act.

Pro-Business Arguments for Paid Leave & Paid Sick Days

Employers often treat employees in similar positions with varying degrees of respect, this can have a big impact on how the court’s might view an employment relationship.

A consultation with an experienced Costa Mesa employment lawyer can help you decide if you have been retaliated in the workplace.

An employer or manager may play favorites even when it comes to employee discipline and if the company has a uniform discipline policy this can be grounds for a retaliation lawsuit.

According to a recent federal district court decision an employer may be able to get away with potentially illegal retaliatory behavior by creating separation between the various departments that make employment decisions.

Our Family Medical Leave Act attorneys believe that this could create a problem for employees who file claims under the act, and unfortunately, it could have broader implications as well.

This decision, McElroy v. Sands Casino, was decided in the U.S. District Court of Pennsylvania.

A new bill called the Family and Medical Insurance Leave Act could have a huge impact on families by providing paid maternity leave to expecting mothers.

Our Family Medical Leave Act attorneys are excited about the prospect of the United States joining other industrialized countries in offering paid maternity leave.

The United States has been heavily criticized for its lack of support for families when compared with other industrialized nations. In 2010, after Australia passed a parental leave law the United States became the lone industrialized country to lack paid maternity leave.