FMLA Attorney San Francisco 

Federal law protects American workers’ rights to take limited leave for medical reasons without losing their jobs. It is important for employees to understand and enforce these rights. The rights were enacted by Congress to allow workers the right to take medical leave when it is needed and to support family members when they are facing medical issues. These rights are further supplemented by California state law.  If you believe your employer is violating these rights, schedule a consultation with a San Francisco FMLA attorney.

What FMLA Protects

FMLA allows eligible employees to take up to twelve weeks of job-protected unpaid leave in a twelve-month period. Group health coverage benefits must continue, and the employee cannot lose his or her position as a result of taking this protected leave. The following circumstances qualify an eligible employee for protected leave under FMLA:  

• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• caring for the employee’s spouse, child, or parent who has a serious health condition;
• a serious health condition that makes the employee unable to perform the essential functions of his or her job;
• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”.

Additional military caregiver leave (up to 26 weeks) is available to allow an employee to care for a covered servicemember with a serious injury or illness. The eligible employee must be the service member’s spouse, son, daughter, parent, or next of kin.

What FMLA Doesn’t Protect

FMLA is only available to eligible employees. The be eligible:  

• The employee must have been employed with the company for 12 months.
• The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.
• The employer is one who employs 50 or more employees within a 75-mile radius of the worksite.

It is also important to understand that many minor medical situations will not qualify as a “serious health condition” under FMLA. In these circumstances, employees might be able to use paid time off or other benefits but will not be protected by the provisions of the FMLA.  

Rights Under the CFRA

In addition to federal rights under FMLA, California workers also have state rights under the California Family Rights Act. It is important for employees to understand the different rights they have under both state and federal law. By going to an employer with documentation of the serious health condition and an understanding of applicable law, employees can reduce the chance of confusion or missteps in exercising their right to take family leave. 

Experienced San Francisco Employment Attorneys For All FMLA Issues

Family leave is an important step toward obtaining a work-life balance. More importantly, it is a legal right that is protected by both state and federal law. Contact the office of Minnis & Smallets today to schedule a consultation with an experienced San Francisco employment law attorney. By enforcing the right to take family medical leave, all California workers will be better able to attend to their families’ medical needs.