If you were terminated because your employer failed to comply with the Family and Medical Leave Act of 1993 or if your employer has denied your rightful claim, your Orange County employment attorney may discuss the legal requirements of this law with you. Here are some aspects of the law that your Orange County employment lawyer may explain to you.

General Information

This federal act allows eligible employees to take a maximum of 12 weeks for the treatment of their own medical conditions or to care for certain relatives. If the relative is a service member, the law provides up to 26 weeks of unpaid time off if the individual was injured while on active duty or in the line of duty.

Protected Activities

The federal act covers the care of a person’s newborn or a child that has recently been acquired through adoption or foster care, the care of a spouse, parent or child who is suffering from a serious illness or the care of a person’s own serious medical condition.

Retaliation

The federal act also forbids employers from retaliating against an employee who has opposed the employer’s violation of the act. If direct evidence is used to prove a retaliation claim, the plaintiff has the burden to prove that the discrimination was a motivating factor in the adverse action against the employee. If circumstantial evidence is used, the plaintiff must show that he or she was engaged in activity protected by the statute, that you suffered from adverse employment action and that the activity and adverse action are related.

If you would like more information about the Family and Medical Leave Act, contact an Orange County employment attorney at Daily Aljian LLP by calling (949) 861-2524.