#1 Rated San Bernardino FMLA Attorney
If you or a close family member are being denied leave that you are legally entitled to, our San Bernardino FMLA attorney may be able to help you secure the time you need off. For example, employers often retaliate against their employees for taking time to care for family members, even accusing them of being lazy. Such behavior is illegal, and you may be entitled to damages for your pain and suffering.
The Family and Medical Leave Act of 1993 was enacted by Congress to give employees up to 12 weeks of unpaid leave to take care of certain family and medical related circumstances. The employee can take leave to tend to their own medical condition, a family member’s medical condition, pregnancy, or placement of a child in foster care or adoption.
When Am I Allowed to Take Leave Under the FMLA?
The FMLA requires covered employers to offer employees with unpaid leave in which the employee’s position is protected for reasons including:
- Medical conditions
- A family member’s medical condition
- Time needed to deal with a pregnancy
- Placing a child up for adoption
- Spending time with a newborn child, for both the mother and the father
- Placing a child into foster care
- Required military leave
Which Employers and Employees are Covered Under the FMLA?
All public entities, including public schools, state and federal agencies, and private-sector employees with 50 or more employee are covered. In California, the requirement for covered employers is loosened from 50 employees to 20.
Employees are covered if they work for a covered employer and have logged at least 1,250 hours over the previous 12 months. The employee must have also worked in the United States or within 75 miles of the employer who has at least 50 employees.
Do I Have to Notify My Employer of My Leave?
If the medical condition is predictable (i.e. you anticipate the need to take time off for leave), then the employer can require up to 30 days advance notice with a medical certification. If the need for leave is unexpected, then the employee should notify their supervisor as soon as practically possible. The employee should give the employer just enough information about the medical condition so the employer can assess the situation.
Also, you employer may require that you provide a medical certification in order to resume working. At their own expense, they can require that you take a fitness for duty assessment to be eligible to resume working.
Is My Job and Benefits Protected When I Return?
Yes. When you return from FMLA, you should be placed in a similar or equivalent position. Your employer must continue to provide you with the health benefits you were receiving before you took time off. Contact our San Bernardino FMLA attorney to make sure you are reinstated to your position upon your return.
Our San Bernardino FMLA Attorney Stands Up For Employees
Our trained San Bernardino FMLA attorney is dedicated to fighting for the rights of employees who have unfairly treated, including those who have been retaliated against for taking leave. Our cases have included all forms of discrimination, especially disability discrimination. Contact us at (888) 244-0706 or fill out the free form!