An employee only needs to put the employer on notice, though it is recommended to have something in writing, a doctor’s note, and to follow the company’s procedure.
Los Angeles, CA (PRWEB) July 17, 2017
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) sets forth employee rights and employer obligations regarding when, how long, and under what circumstance an employer can take a protected leave of absence from work. Attorney Toni Jaramilla, of A Professional Law Corporation, shares the following seven tips that clear up some misconceptions concerning leave rights under the FMLA and CFRA:
No. 1: Employees can apply for extension. “Once the protected leave of 12 weeks has passed, the employer cannot just terminate the employee or have them reapply and compete for their position,” said Jaramilla. “The employee can apply for a reasonable extension as a form of reasonable accommodation of a disability under the Fair Employment and Housing Act (FEHA).”
No. 2: Employees must have worked 1,250 hours with the company. To qualify for the 12-week protected leave under the FMLA an individual working for an employer with 50+ employees (including multiple branches/locations) must have worked 1,250 hours with the company in the past 12 months. These requirements differ for smaller employers with 5+ employees.
No. 3: An employee cannot request an indefinite leave. “One must have a reasonable time frame for accommodation, with a date certain of return,” noted Jaramilla.
No. 4: Employer required to have interactive dialogue with employee. “The employer cannot just refuse an employee’s request for reasonable accommodation,” added Jaramilla. “They are required to have an interactive dialogue with the employee to decide if the request is reasonable or if it is an undue burden on the company/business.”
No. 5: Employer not obligated to give employee exactly what they request as an accommodation. “The interactive dialogue with the employer may reach a modification or compromise,” said Jaramilla.
No. 6: Employee needs to put the employer on notice. An employee does not need to have exact wording nor reference the “FMLA” nor have to state “I’m disabled” or other “magic words” when stating their request for a reasonable accommodation. “An employee only needs to put the employer on notice, though it is recommended to have something in writing, a doctor’s note, and to follow the company’s procedure,” stressed Jaramilla.
No. 7: Employee is not required to disclose a diagnosis to the employer. “All that is required is enough information to show the employee’s need for accommodations, such as a doctor’s note or by a medical provider,” concluded Jaramilla.
About Toni Jaramilla, A Professional Law Corporation
Toni Jaramilla is committed to achieving the best possible results for employees who have experienced problems in the workplace. Serving clients throughout Los Angeles, her focus is on achieving positive social change for workers. Through zealous and ethical advocacy, lawyers at the firm have built a reputation for excellence in the practice of employment and labor law. For more information, please call (310) 551-3020, or visit http://www.jaramilla.com. The office is located at 10100 Santa Monica Blvd., Suite 300, Los Angeles, CA 90067.
About the NALA™
The NALA offers small and medium-sized businesses effective ways to reach customers through new media. As a single-agency source, the NALA helps businesses flourish in their local community. The NALA’s mission is to promote a business’ relevant and newsworthy events and achievements, both online and through traditional media. For media inquiries, please call 805.650.6121, ext. 361.