An Orange County employment law office can discuss the Family and Medical Leave Act, or FMLA, and all that it entails. This information can help you determine whether there has been any unlawful conduct.
What FMLA Covers
The FLMA prohibits employers to terminate or take any other adverse action against an employee who decides to take up to 12 weeks off of work in order to:
- Provide care for his or her newborn, newly adopted child or foster child;
- Care for his or her own health condition;
- Care for his or her her seriously ill spouse, child or parent; or
- Care for a service member who has a severe illness or injury that was sustained while the member was on active duty or other exigency relating to the member being called to active duty.
The FMLA allows up to 26 weeks when the care is for a covered service member.
An Orange County employment law office may also explain that the FMLA also prohibits an employer from taking retaliatory action against an employee who has opposed a violation that is part of the act. This type of case is proven by direct or circumstantial evidence. Direct evidence is that which, if it is believed, mandates the conclusion that unlawful discrimination played at least a motivating factor in the adverse employment action. If only circumstantial evidence is available, you will have to prove the following elements:
- You took part in a protected activity under the statute;
- An adverse employment action was taken against you; and
- A causal link is present between your protected activity and the adverse action.
If direct evidence is available, you do not have to provide evidence for these elements.
The FMLA was established to protect employees who are dealing with serious medical conditions. If you would like more information about FMLA, contact Orange County employment lawyer Daily Aljian LLP at 949-861-2524 to schedule a consultation.