A San Jose Attorney Protects Your Rights under the FMLA

The FMLA protects Californians who need to care for a family member

The Family Medical Leave Act (FMLA) is a law that allows certain people to receive weeks of paid or unpaid leave to care for a child or an immediate family member with a serious health condition. It is a critical tool that allows an employee an ability to care for themselves or their family without a loss of income or employment. If you have been denied leave following pregnancy or illness of a family member, you may have a viable claim under the FMLA.

The Law Office of George Duesdieker provides employment law services to San Jose and the southern Bay Area. We work with our clients to get them the compensation they deserve.

The FMLA is an important resource for California employees

The FMLA is a federal employment law that has been crucial to many families and parents. It provides employees up to 12 weeks of paid leave while still receiving benefits and salary. The act provides paid leave in several different circumstances:

  • Pregnancy ― You are allowed to leave work for a prescribed period in anticipation or following the birth of a child, or the adoption or foster care placement of a child. This includes both maternity and paternity leave.
  • A family member’s illness ― You can care for a spouse, child or parent who is diagnosed with a serious illness. A child must be under 18. The privilege does not apply to illnesses of extended family members.
  • A personal medical condition ― Employees may take time off for a serious ailment or worsening medical condition. “Serious medical condition” means those conditions requiring an overnight hospital stay, those that are incurable or those that would result in incapacity.

An eligible employee can continue to receive health, dental and other benefits while on leave, and must be restored to their original job and wages or an equivalent position at the end of leave.

What are the requirements for FMLA leave eligibility?

Not all employees qualify for FMLA protection and benefits. The Act has several key requirements for eligibility:

  • Long term employees ― To qualify for FMLA leave, an employee must have worked for at least 12 months by the date of the start of leave.
  • An adequate number of hours ― Employees requesting time off must have worked a total of 1,250 hours during the prior 12 months.
  • Advanced notice ― An employee requesting time off must do so 30 days ahead of the starting period of the leave. If the leave is not foreseeable, you must give your employer verbal notice as soon as possible.

There are other requirements, and part-time employees may also be eligible for modified leave benefits. It is also important to note that California has a state pregnancy disability law that also affords mothers legal protections.

Violations of the FMLA are serious matters

An employer who unfairly denies a request for leave, cuts benefits, engages in retaliation ordiscrimination, fires you or threatens to fire you for trying to exercise your rights under the FMLA may be liable for damages. If you think you have been denied the benefits you are entitled to under the Act, speak to our employment law attorney, George Duesdieker, immediately. You might be eligible for reinstatement following wrongful termination as well as lost benefits and other damages.

Contact us for more information on the FMLA and your rights

The FMLA has proved to be a valuable resource to employees at critical times. The Law Office of George Duesdieker protects employees in the San Jose and South Bay areas from being unfairly denied their rights under the Act. If you have requested FMLA benefits and been unfairly turned down, contact us at 650.684.5444 or online to schedule a free initial consultation. Under our contingent fee billing plans, you do not owe us anything until you receive compensation.