San Francisco FMLA Lawyers

Employees may not expect to need to take time away from their jobs, but sudden intervening events can lead to a change in circumstances. Whether it is necessary to take leave for their own health or to care for someone else, employees have certain rights under federal law. The specific statutes and eligibility rules can be complicated, but our team at Minnis & Smallets LLP is happy to explain how statutes regarding family or medical leave apply. Please contact us to set up a meeting one of our San Francisco FMLA lawyers, and check out some useful information on how the law works.

Overview of FMLA

The Family and Medical Leave Act (FMLA) was enacted in 1993 to allow eligible employees to take a leave of absence for certain designated reasons. FMLA provides up to 12 weeks of unpaid leave in a one-year period, though it is not necessary to take all the time at once. An employer is not required to pay the worker during the time. However, for most employees, the FMLA does require an employer to restore employees to the same or similar position, at the same rate of pay, once that person returns to the job. Employees are also entitled to continue receiving group health insurance if the employer normally pays for these benefits.

FMLA Eligibility

Employees are able to take advantage of FMLA protections by qualifying under the statutory requirements. Therefore, a worker is eligible if:

• The employer has at least 50 employees who have worked within a 75-mile radius of the company location, every day for at least the preceding 365 days;
• The employee worked for the employer for at least one year, though it is not necessary to work 12 consecutive months; and,
• During the 12-month period before taking FMLA leave, the employee worked at least 1,250 hours. This time period is calculated according to actual work hours, separate from vacation time, sick days, holidays, or other time off.

Allowable Reasons for FMLA Leave

The leave is extended to employees who need it for certain reasons, so employees cannot take time off for just any reason. According to FMLA rules, protection applies if the time off is related to:

• A serious medical condition that makes the employee unable to work;
• The birth of a child and care for his or her first 12 months;
• The adoption process, such as placement, travel, court time, and to provide care during the first 12 months after the adoption is complete;
• Care for a spouse, child, or parent who suffers from a serious illness or injury; and,
• A spouse, child, or parent leaving for active military duty, under designated circumstances.

With respect to FMLA leave for military purposes, note that a worker may qualify for time off as a caretaker for a member of the military who suffers from a medical condition. To have military caregiver status, the individual must be a spouse, child, or parent, or next of kin to that person.

Contact a San Francisco Employment Law Attorney to Discuss FMLA

For additional information, please contact Minnis & Smallets LLP to schedule a consultation. Our San Francisco FMLA lawyers can provide more details after reviewing a client’s specific circumstances.