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San Jose FMLA Discrimination Lawyers

San Jose FMLA Discrimination Lawyers

California employees have the right to take protected medical and family leave under both the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). In order to be protected, however, both the employee and the type of leave must be eligible. Employees must also clearly notify their employers of their intent to take leave that is protected by these laws. Learn more about these laws and how a San Jose FMLA discrimination lawyer can protect you from retaliation for exercising your legal rights.

What Are My Rights Under FMLA?

 Under FMLA laws, eligible employees may take up to twelve weeks of job protected leave in a period of twelve months. The leave must be taken for one of the following reasons in order to be protected:

  • The birth or adoption of a child, or a foster child placement in your home
  • To bond with a child within one year of birth, adoption, or placement in your home
  • To care for a child, parent, or spouse who has a serious health condition
  • When the employee has their own serious health condition that keeps them from performing their job
  • For qualified situations relating to overseas deployment of a spouse, child, or parent who is an active U.S. military member

Employees must also be eligible for family and medical leave, which means they first must work for an employer covered by the law, which means the employer has at least 50 employees. They must have worked at least 12 months for the employer, and worked 1,250 hours within those 12 months. 

What Are My Rights Under CFRA?

 Similar to the FMLA, the CFRA allows eligible employees to take up to twelve weeks of job protected leave in a period of twelve months. This leave can be taken for a child’s birth, adoption, or foster care placement with the employee, to care for a family member who has a serious health condition, or due to the employee’s own serious health condition. A health condition qualifies as serious when it requires:

  • Any medical treatment or incapacity during or after inpatient care
  • Any incapacity leading to at least three consecutive days of absence from work, school, or other activities
  • Ongoing treatment by a health care provider for an incurable and long-term or chronic health condition 
  • Restorative surgery or dental work following an accident or injury

 In general, CFRA leave will run concurrently with FMLA leave, meaning that the employee will get twelve weeks total of protected leave. But these laws treat certain conditions and employees differently, so it is important to consult with a family leave attorney about your legal rights under each law.  

What Should I Do If I Suspect I am Being Discriminated Against For Exercising These Rights?

 Contact a lawyer right away. You have the legal right to take leave under FMLA and CFRA, but you must exercise this right lawfully. A lawyer will help ensure that you take the proper steps to exercise your rights with only protected activities. 

Experienced, Aggressive San Jose Employment Lawyers for Family Leave Discrimination

 Minnis & Smallets LLP is a San Jose employment law firm. We work with employees to hold employers accountable for all kinds of discrimination. By enforcing your right to take protected leave under FMLA and the CFRA you are strengthening these laws, and preventing other employers from taking advantage of other employees in the future. Contact us today to schedule a consultation with one of our experienced San Jose FMLA discrimination attorneys.

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