FMLA Lawyer San Francisco

Employees have the right – under specific circumstances – to take federally mandated leave under the Family and Medical Leave Act (FMLA). The focus of this act is protecting employees who are facing adverse situations that could affect their jobs from losing them. California has a state version of the FMLA, which is called the California Family Rights Act (CFRA), and the legal requirements included either meet or exceed those of the FMLA. When an employee faces job loss as a result of protected circumstances, an experienced FMLA lawyer in San Francisco can help.

Taking Leave in California

The California Family Rights Act ensures that those employers who employ at least five people are obligated to provide up to 12 weeks of unpaid leave in which employees’ jobs are protected in all the following situations:

• When the employee is caring for a spouse, registered domestic partner, child, parent, sibling, grandchild, or grandparent
• When the employee is recovering from a serious health condition that isn’t pregnancy, which is covered by different laws
• When the employee is bonding with their newborn child, their adopted child, or their foster child
• When the employee faces a qualifying military situation, such as when a close family member is on short-term leave from active duty

Those Employees Who Qualify

In order to qualify for leave through CFRA, both the following must apply to the employee:

• The employee has been employed by the employer for at least a year.
• In the 12 months prior to leave, the employee put in at least 1,250 hours. 

In order to take leave through CFRA, employees must notify their employers at least 30 days prior to being absent whenever it’s possible to do so. While employees are on leave, their employers are required to hold their job for them – or to hold a comparable job – while maintaining their healthcare benefits. 

How the FMLA Differs from the CFRA

The Family and Medical Leave Act does not have as broad a reach as the CFRA. Consider the following differences:

• FMLA applies only to employers who employ at least 50 people – in comparison to the CFRA’s 5.
• To qualify as one of the 50 employees for the FMLA, the person must work within 75 miles of the work site, while employees can work anywhere to qualify under CFRA. 
• FMLA covers fewer relatives, including only the employee’s spouse, minor children, dependent children, and parents. 

Taking leave when needed can play an important role in an employee’s ability to uphold their familial responsibilities, and the State of California takes the matter seriously. 

Turn to an Experienced FMLA Attorney in San Francisco for Guidance

The accomplished FMLA attorneys at Minnis & Smallets in San Francisco focus the full force of their impressive experience and legal skill on resolving each claim as favorably as possible – in fierce protection of our clients’ legal rights. For more information about how we can help, please don’t put off contacting us today.