San Diego Family Medical Leave Attorney

The illness of a loved one and the birth of a newborn are incredibly emotional events that take time and effort to address. Congress and state legislators have recognized the need for employees to take time off in the case of these family emergencies. Both federal law, the Family and Medical Leave Act (FMLA), and a California state law, the California Family Rights Act (CFRA) provide employees with this right.

Unfortunately, some employers do everything they can to bend the rules. There are bad apples who will do everything they can to deny employees the ability to take work off for medical reasons, despite the fact that employees have this right under the law. Pregnant women and people facing severe illness should not have to worry if they have a job to come back to on top of an already anxious situation.

At Walker Law, our San Diego family medical leave act attorneys fight to make sure your rights are upheld. Family medical leave laws can be complex, but our experienced attorneys will do everything possible to find the laws that support your claim. Call Walker Law today for your free consultation.

Employer Responsibilities Under FMLA

The Family Medical Leave Act of 1993 requires any employer with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for family and medical reasons.

To be an eligible employee under the FMLA, an employee must have worked for at least 12 months with the employer. FMLA also requires that an employee work at least 1,250 hours in the 12 months preceding FMLA leave.

During an FMLA leave, the employer must continue to provide group health-care coverage to the employee. Following the completion of the FMLA leave, the employer must return the employee to the same or a similar job with comparable pay and benefits.

An employer may require an eligible employee to submit a certification from a medical provider proving the need for Family Medical Leave Act leave to care for themselves or a family member. However, an employer may not request an FMLA certification for an employee to bond with a newborn, adopted, or foster child. If an employer requests certification from a healthcare provider, the employee requesting FMLA leave must respond within 15 calendar days with complete and sufficient certification. The employee is responsible for the cost of the medical certification as well as ensuring that it is provided to the employer.

Employee’s Rights Under the FMLA

Some reasons why an employee might request FMLA leave include:

• A child’s birth or adoption/Taking care of a newborn child – Employees who take leave due to the birth or adoption of a child may take intermittent or reduced leave, but only if the employer agrees.
• Caring for a spouse, child, or parent suffering from a serious illness – In such cases, the Family Medical Leave Act (FMLA) requires the employee to provide certification from a healthcare provider attesting to the medical necessity of the requested leave, as well as the expected duration and schedule of the leave.
• A critical health condition – A critical health condition is specifically defined as one that necessitates inpatient care, one that necessitates ongoing treatment by a healthcare provider, one that causes incapacity for more than three days, or one that is chronic.

Additionally, the Family Medical Leave Act specifically allows for up to 26 weeks of leave per year to care for a close family member who has suffered an injury or illness as a result of military service. Leave can be either continuous or intermittent.

Unpaid family leave is provided under the Family Medical Leave Act FMLA and California state law, the California Family Rights Act. However, the employee may use accrued vacation and sick leave. California residents covered by State Disability Insurance can generally take paid leave (also known as Family Temporary Disability Insurance) at 55 percent of their regular pay rate. For the duration of the leave, the employer must maintain the employee’s health insurance coverage.

How Employer Violations Are Addressed

The initial step taken in a FMLA case under state law is to file a case with the California Department of Fair Employment and Housing before filing. Employers are prohibited from retaliating against an employee who files a complaint under the Family Medical Leave Act (FMLA) or California Family Rights Act . Once an employee receives a letter from the agency ruling on their claim, an attorney will be able to file suit against the employer on the employee’s behalf. Supervisors can also be subject to personal liability.

Our Family Medical Leave Attorneys Are Here for You

At Walker Law, our San Diego family medical leave lawyers have the knowledge of the Family Medical Leave Act and California Family Rights Act actions to address the critical violations of employers. Everyone deserves to care for their own health and for their loved ones. Contact Walker Law to talk to our dedicated attorneys today.