The FMLA, the Family and Medical Leave Act, is in place to help citizens of the United States and applies to all Californians. Read on to learn about the FMLA and how a San Francisco FMLA attorney from Minnis and Smallets can help you navigate the process of FMLA appeals, and should you experience difficulties maintaining your insurance with your employer or reclaiming your job, there are options for us to help.
The Family and Medical Leave Act was established to help protect employees when changes in their or their families’ lives require their time and care. The Department of Labor explains that FMLA entitles employees of covered employers to take job-protected, unpaid leave for specified reasons linked to your family or your medical needs. During this time, your covered employer must also continue your group health insurance coverage under the same terms and conditions as though you had not taken leave.
It is important to understand that the FMLA is not permanent, but it is also far from temporary. You have nearly three months, twelve weeks, during which your insurance benefits are to be maintained and your job held by your covered employer. This means that during your time off, your insurance is maintained to provide for your medical needs or those of your family or newborn, and when the time is up, your job is reserved.
FMLA becomes an option to you when you work for a covered employer, and you are going through a situation where you must care for a new child or the health of yourself or a family member. According to the Employment Development Department of California, the purpose of FMLA is to take medical leave for yourself or to attend to the serious health issue of a family member, or to bond with a new child. The Department of Labor notes that bonding with a new child not only includes a newborn baby, but also when parents adopt a child or when a child has been placed for foster care. For foster care children, the FMLA must be taken during the first year of the child’s placement in the home.
Knowing that you can take some time away from work in order to care for yourself or a loved one, whether a sick family member or your new child, is a comfort that cannot be taken for granted.
If you have a question about your FMLA benefits, maintain your insurance during FMLA leave, or are having difficulty taking back your job following your FMLA leave, contact us at Minnis and Smallets today.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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