Many employees in the San Francisco Bay Area qualify for a leave of absence from work for medical reasons, as specified in the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). If you are eligible for leave and have a qualified reason, your employer violates your rights if it denies your requested leave or puts your job in jeopardy because you took leave.
The law provides legal relief for employees who suffered negative consequences for taking time off to which they are entitled or who were denied leave to begin with. If you believe you have a case involving FMLA or CFRA issues, contact our experienced San Francisco FMLA and CFRA discrimination attorneys at Minnis & Smallets LLP right away.
You must meet certain requirements to be eligible for family or medical leave under the FMLA. First, the following must be true:
It is important to note that the requirements are different in California for leave due to disabilities because of pregnancy or childbirth and baby bonding leave. A company must only have five employees to be required to provide pregnancy disability leave, and you can take such leave even if you worked there for less than 12 months. In addition, in California, private employers with 20 or more employees and all public employers are required to provide up to 12 weeks of leave to allow new parents to bond with a newborn child, a recently adopted child, or a child recently placed with a foster care family.
Once you meet the above criteria, you should be eligible for 12 weeks of leave per year for any of the following reasons:
In order to qualify as having a serious health condition, you must require an inpatient stay at a hospital or health facility, be incapacitated for at least four consecutive days, be treated by a healthcare provider, or need multiple treatments over a period of time.
In addition, if you are disabled within the meaning of California’s Fair Employment and Housing Act or the federal Americans with Disabilities Act, you may be entitled to additional disability leave as a reasonable accommodation.
You have up to 12 weeks per year that you can take all at once or throughout a 12-month period. While this type of leave is unpaid, your employer is required to hold your job – or a similar position – until you return. Your employer is also prohibited from retaliating against you with other adverse employment actions because you requested to take qualified family and medical leave.
If your employer violated family and medical leave laws, you want the right San Francisco FMLA discrimination attorneys evaluating your rights. Contact the law firm of Minnis & Smallets LLP to schedule a consultation so you can learn about your legal rights and options.