FMLA Attorney Near Me
California workers have certain rights under FMLA. Even if you have the right to take leave, your employer may deny a request that is not clearly supported with the required documentation. Your employer can also violate FMLA rights in other ways – for example, by trying to dictate your leave schedule. Search online for an “FMLA attorney near me” so you can be sure your legal rights are protected. With an attorney’s advice, you will be in the best position to take protected leave without unnecessary challenges.
Here are some important steps you can take to protect your right to take family medical leave:
- Consult an FMLA attorney before you take your leave. If you start the FMLA process without an attorney’s help, you could limit your own leave rights. Requests should be made with supporting documentation (such as required medical paperwork). Your request should also clearly indicate that it is being made under FMLA. If not, your employer might think that you are requesting PTO or other leave that is not protected by law. An experienced FMLA attorney can help you gather the correct paperwork and make your request in the right way to reduce the likelihood of any problems with your leave request.
- If you are taking intermittent leave, negotiate a fair schedule with your employer. Eligible employees may take up to twelve weeks of unpaid leave under FMLA. The leave does not, however, have to be taken all at once. Think of FMLA leave as a bank account. The account has a deposit of twelve work weeks of forty hours in each calendar year. You may make one large withdrawal, or you may make many small withdrawals and still have your job protected by FMLA. These smaller blocks of leave are called “intermittent leave.” If you are taking intermittent leave, you do have an obligation to work with your employer to schedule the leave in a way that reduces the burden on the employer as much as possible. For example: suppose you needed to see your doctor for a follow-up appointment every week. If your employer needs you to work mornings, it would be reasonable to request that you take your intermittent leave to see your doctor in the afternoons. If, however, the doctor does not have any afternoon appointments, you may still take your intermittent leave in the mornings. As you can imagine, these scheduling issues can get complicated. It is important to have honest conversations with your employer about your medical needs and the company’s staffing needs. If both parties can show some flexibility, it is often possible to negotiate an intermittent leave schedule that works for everyone.
- Stay in contact with your employer about your expected return to work. Communication is one of the most important ways to protect your rights under FMLA. If, for example, you said you would return to work after ten weeks, but then decide to take all twelve weeks of leave without telling your employer, the company might assume that you will not be coming back. If you do not answer calls or emails, the HR department might think they need to start advertising for your position. Prevent such problems by clearly communicating your leave schedule to your employer.
FMLA Attorneys For All California Medical Leave Cases
Minnis and Smallets is a California employment law firm that protects workers’ FMLA rights. Contact us today to schedule a consultation with an experienced California employment law attorney.