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in the past when an employee got.pregnant or seriously sick and had to.miss a significant amount of work the.employer would simply fire the employee.and hire somebody else the employee had.no legal right to get their job back.fortunately times have changed enter the.Family Medical Leave Act also known as.FMLA creates some legal entitlements for.employees to get their job back this.video is going to explain what rights.FMLA gives employees who qualifies to.take a leave of absence what happens if.your employer messes this up and how.much money your case might be worth if.your employer denied your leave of.absence or worse fired you.[Music].[Music].[Applause].[Music].my name is Branigan Robertson and I'm an.employment lawyer before we get started.and go back to the whiteboard I have a.few preliminary items to cover first.while I'm a California lawyer and I only.represent California workers this video.is for everyone across America the.Family Medical Leave Act is a federal.law and applies to all workers in all.states but if you are a California.employee I highly recommend that you.first watch my California Family Rights.Act video before you finish this one in.most situations CFRA provides California.workers better protection than FMLA.second this video is not legal advice.this is merely meant to be an.introduction to the law and the rights.that are available to qualified.employees if you have questions about.your specific situation especially if.you've been fired I highly recommend.that you contact a lawyer in your state.as soon as possible here is my contact.information if you are in California and.you feel I've earned your phone call.third each part of this video builds.upon its previous parts so watch this.video all the way through to really.understand the rights granted by FMLA.okay let's get into the details if you.qualify for protection under FMLA the.law allows you to take 12 weeks.completely off from work in any 12-month.period at the end of your leave of.absence your employer must allow you to.return to the same job or to a.comparable position with similar pay.benefits seniority and responsibilities.generally unless your employer has a.benefits package that says otherwise.this leave of absence is unpaid meaning.your employer does not pay your salary.or wages while you're gone.however if you have health insurance.through your employer while you are on.your leave of absence your employer must.pay for your health insurance.just like they did while you are working.however if you decide not to return at.the end of your leave of absence your.employer is allowed to demand.reimbursement for those premiums while.you are gone what can you take a leave.of absence for FMLA permits you to take.a leave of absence from work in six.different scenarios number one you need.time off for the birth of a child.maternity leave right everybody knows.this number two you need time off.because your child spouse or parent ie.an immediate family member has a serious.health condition I'll define that in a.second number three you need time off.because you have a serious health.condition that prohibits you from.performing the essential functions of.the job.number four you need time off because a.family member of yours an immediate.family member was seriously injured.while performing military service number.five you need time off because you or a.family member is preparing to deploy in.military service and you need to make.different childcare arrangements or.attend official military ceremonies or.other things like that six you need time.off for placement of an adopted child or.a foster child in your home okay quick.note FMLA does not protect domestic.partners however if you are in.California CFRA does protect domestic.partners once again if you are a.California employee I recommend that you.go watch my CFRA video before you watch.this one so what exactly is a serious.health condition under FMLA generally.unless extraordinary circumstances apply.things like the common cold ear aches.upset stomach and flu do not qualify.FMLA does not cover short-term.conditions which only lasts a few days.or surgical procedures that do not.involve hospitalization and have a quick.recovery period a serious health.condition usually means an illness.injury impairment or physical or mental.condition that involves one of two.things.one in patient care at a hospital.hospice or residential health care.facility which means the patient is.staying in the hospital or number two.continuing treatment by a physician or.under the supervision of a healthcare.worker.additionally the health condition must.prevent you from being able to do your.job basically you need to be completely.unable to work at all or you're unable.to perform one or more of the essential.functions of your position and you're.under a continuing treatment of a doctor.so let's talk about some examples this.could involve the following situations.you're pregnant or you need prenatal or.postnatal care or you have a chronic.condition like severe asthma diabetes or.epilepsy or you have a permanent or.serious long-term condition like.Alzheimer's cancer or you had a stroke.usually things like voluntary or.cosmetic treatments are not covered.under FMLA and they're not considered a.serious health condition unless it's.related to an accident or illness or.there's inpatient care required due to.complications do you need to qualify to.take a leave of absence yes.unfortunately FMLA does not apply to all.employees you can only take a leave of.absence under FMLA when number one you.have been at that company for at least.12 months number two during those 12.months you have worked at least 1,250.hours this averages out to about four.point eight hours per workday and number.three your employer has 50 or more.employees within 75 miles of your.working location however this 50.employee threshold requirement does not.apply to public employers FMLA applies.to all public schools federal agencies.State Department's and municipalities.regardless of their size so how much.time can you take off under FMLA.generally you can take twelve work weeks.off and.any 12-month period so let's say you.took 12 weeks of FMLA off a year and a.half ago well so long as you qualify.again you could take another 12 weeks.off now and you can take all of your.leave in one shot or in some situations.you can take your leave of absence.intermittently intermittent leave means.that you can take a little here a little.there on an as-needed basis generally.you can't take intermittent leave if.your leave of absence is for the birth.and care of a newborn child or for the.adoption of a child or a foster child so.it's not for maternity leave however you.can take intermittent leave to deal with.your own serious health condition or to.care for an immediate family member with.a serious health condition so long as.the doctor deems it to be medically.necessary but you are going to want to.coordinate with human resources to make.sure your intermittent leave doesn't.disrupt company operations very much.that's very important.okay real quick interruption this video.lays out the basics of FMLA but it's.just an overview if you need to know.more information I have an extremely.detailed FMLA page on my website that.page has multiple videos citations and.it covers the nuances that tend to trip.up a lot of employees I highly recommend.that you go to that page if you have.more questions I'll leave a link below.in the description okay let's get back.to the video well okay how should you go.about requesting a leave of absence.under FMLA thankfully it's actually very.simple.first if you know in advance that you're.gonna be taking the leave of absence.then you should give your employer a.reasonable amount of advanced notice if.you're pregnant then you should give.your employer at least 30 days notice.before the date your maternity leave is.set to begin if your leave of absence is.foreseeable such as a scheduled surgery.or medical treatment then you should.make a reasonable effort to schedule the.treatment at a time to avoid disruption.to the operations of the employer so.long as it's okay with your doctor.on the other hand if you.a medical emergency or an immediate.family member of yours has a medical.emergency and you can't give advance.notice because you didn't know it was.going to happen then you should give the.employer notice as soon as possible as.soon as you know second you should give.your employer notice in writing.preferably in an email this becomes.extremely important down the road if.there's a legal issue third your.employer is allowed to request a.doctor's note medical certification this.means they can require that you give.them medical certification documenting.your need for the leave of absence the.doctor's note should contain the.following things first of all the date.the serious health condition began.second how long the doctor expects the.health condition to last third the.medically appropriate facts regarding.the condition if the leave of absence is.for your own serious health condition.the note should say that you are unable.to perform the functions of your job.finally if the leave of absence is to.care for an immediate family member the.doctor's note should say that you are.needed to provide care during the.treatment period and an estimate as to.the amount of time that you'll be needed.to provide that care your employer is.allowed to request recertifications from.your doctor on a reasonable basis.finally as a condition of returning to.work your company is allowed to request.that your doctor certify that you are.medically cleared to resume work what if.your employer denies your leave of.absence request I mean just because the.law permits you to take a leave of.absence doesn't necessarily mean your.employer is going to happily comply with.that law in fact some companies.absolutely hate this legal requirement.as it can be a big inconvenience on.their company so should you quit your.job if your request is denied.no generally except for extreme.circumstances quitting is usually a.terrible option because quitting might.feel good if your employer's refusing.but quitting likely hurts your legal.in the long run so lawyers like me.almost never recommend that the way I.see it if your employer denies your.leave of absence you have two options.first complain in writing to the.appropriate authority at the company.hopefully this complaint informs the.employer of the legal requirement and.then they change their mind.however make sure that you make this.complaint properly people complain the.wrong way all the time at work and they.end up really hurting their legal case.and make it less likely that a leave of.absence will be granted I made an entire.video about how to properly complain at.work and I highly recommend you watch it.after you finish this video I'll put a.link in the description second if your.complaint is unsuccessful I highly.recommend that you contact an attorney.lawyers like me sometimes recommend that.people prepare a written letter and send.it to the company with her doctor's note.attached saying that you're going on.your leave of absence anyway and that.you plan to return when you're better.but every situation is different and I.recommend that you call a lawyer before.you take any actions like that finally.if your employer denies your leave.anyway retaliates against you for.requesting or taking a leave of absence.fires you or refuses to let you return.from a valid leave of absence you should.seriously think about filing a lawsuit.if any of these things happen to you I.recommend that you contact the lawyer as.soon as possible to get your case.evaluated if you are in California my.office would be happy to do this.evaluation free of charge that's what a.free consultation is all right I think.now is a good time to sit down and talk.about money so how much money are these.cases worth if your company violates.FMLA what can you recover in a lawsuit.well that depends first of all there's.no statistics out there on average FMLA.lawsuit recoveries because all.settlements are confidential.and they're sealed under contract.however if you can find a real.a good lawyer to take your case one that.you trust thoroughly which is even more.important you should probably pursue.that case good contingency lawyers.simply do not get paid unless they.recover money for you first lawyers like.me do not take cases unless we're really.confident that we can get a significant.settlement for our client but to.understand how much your case might be.worth you really need to understand how.remedies work in employment law you're.able to collect generally four different.types of damages in FMLA cases number 1.lost wages you can win the money that.you lost due to the company firing you.because you took a protected leave of.absence this includes the lost salary.benefits hourly wages and bonuses that.you are making for example if you were.making $75,000 per year and then the.company refused to let you return you're.not out a significant amount of money.because you're not earning anything you.can recover this money in a lawsuit.number 2 emotional distress obviously if.you need a leave of absence but your.employer denies your valid leave of.absence request you're gonna be.extremely upset and this is especially.true if you need time off to care for a.sick child or seriously sick spouse in.employment law emotional distress.damages are usually much larger than.lost wages but unfortunately FMLA does.not permit you to recover emotional.distress damages in most cases however.if you live in a progressive state like.California which has additional leave of.absence laws like CFRA or feeha you can.recover emotional distress damages so I.highly recommend that you ask a lawyer.in your state and do a little bit of.research.third punitive damages if the company.acted with malice oppression or fraud in.its conduct you may be able to win.punitive damages these are the damages.meant to punish the company for acting.truly horribly.obviously these are very hard to win and.they're rare but if you have a good.lawyer in a really good case these can.be extremely large for attorneys fees.while most lawyers like me work on a.contingency fee the law permits.plaintiffs and their lawyers to recover.attorney fees on top of other types of.damages and FMLA cases this directly.benefits you because it increases the.settlement value of your case it's legal.leverage and since most cases settle you.become a direct beneficiary of this type.of recovery.wellokay Brannigan how much is my case.worth well if you really want to have an.estimate of how much your case might be.worth you have to contact a lawyer in.your state if you're in California I.would be happy to receive your phone.call and provide you with a free.consultation.let's move share and talk about.deadlines what is the deadline to file a.case well how long do you have to file.an FMLA case these are called statutes.of limitations and they're tricky the.law says that you must bring your.lawsuit not later than two years after.the violation of law occurred however if.you could prove that the adverse action.against you and your FMLA rights was.willful whatever that means then a.lawsuit may be brought within three.years after the violation occurred.additionally to make this more.complicated if you live in a state with.additional leave of absence laws like.California there might be a shorter.statute of limitations so the safest.thing I can tell you is call lawyer in.your state before you make any decisions.about your case statutes of limitations.issues are very serious if you mess it.up you lose your right to pursue your.case so don't mess it up call lawyer as.you can see if you were paying attention.to the whiteboard there's a lot going on.in this area of law lawyers like me are.repeatedly amazed at how often Human.Resources business owners and companies.screw up FMLA rights obviously this.video is just meant to be an.overview of FMLA if you are in.California and you're having a problem.with your company and your FMLA rights.my office would love to take that phone.call if you feel like I've earned it.here is my contact information we handle.a lot of leave of absence cases and.would love to get your phone call that.is all I have for you I hope you have a.fantastic day.[Music].

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Fmla Forms Employee FAQs

Here are the answers to some common inquiries regarding Fmla Forms Employee. Let us know if you have any other confusion.

Need help? Contact support

Startup I am no longer working with is requesting that I fill out a 2014 w9 form. Is this standard, could someone please provide any insight as to why a startup may be doing this and how would I go about handling it?

Payment for surrender of your shares and possibly the cost of your "off the books" benefits is probably going to show up on a 1099. If you were an employee, this should actually be included on your W2 for the year in which they are paid. If you were not an employee, but an independent contractor, then you'll owe both the employer and employee's share of social security tax, medicare and income taxes.

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