FMLA Attorneys San Francisco

Employees in San Francisco have the right to take leave without losing their jobs. This right is protected under federal law through the Family Medical Leave Act, and under state law through the California Family Rights Act. Some employees may need to hire their own attorney to enforce these rights. Remember, your employer’s HR department is there to protect the employer’s rights – not yours. The experienced FMLA attorneys in San Francisco at Minnis and Smallets can help you protect your employment rights when taking medical leave.

What Rights Do I Have Under FMLA?

The Family Medical Leave Act (FMLA) applies to employers who have fifty or more workers. Once you have worked for your employer for at least twelve months and at least 1250 hours, you can take up to twelve weeks of unpaid leave without losing your position. You must prove that your leave is related to one of the following situations: 

• 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;
• to care 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.

Most employers will require documentation of the qualifying circumstance in order to grant leave under FMLA. This can be a letter from your doctor, documentation of your family member’s illness, a birth certificate or adoption records, or other corroborating evidence. An FMLA lawyer can help you prepare the right documentation. A lawyer can also help protect your right to privacy by advising you on what information to redact from medical records (such as financial information and discussion of unrelated medical information).

What Rights Do I Have Under State Law?

California workers also have the right to take medical leave under the California Family Rights Act. Like FMLA, you must have one year and 1250 hours of service with your employer before you have this protection. Employers must guarantee employment in “the same or comparable position” when the employee’s leave is over.

Like the federal FMLA requirements, CFRA leave is limited to situations in which the employee requires leave:  

• Due to the birth or adoption of a child or placement of a foster child with the employee
• To care for a parent, spouse, or child who has a serious health condition.
• Due to the employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions.

The Right FMLA Attorneys For San Francisco Employees

San Francisco employees have the right to take medical leave without losing their jobs. At Minnis and Smallets, we fight hard to protect this right. Contact us today to schedule a consultation. Don’t delay – the sooner you have an attorney defending your employment rights, the better protected they will be.