It happens: sometimes you need time away from work. When you or an immediate relative suffers a serious health condition, or you are pregnant, the Family and Medical Leave Act (FMLA) may provide you the right to take a leave and to return to your job after the leave.
As an attorney serving San Francisco, Oakland and the greater Bay Area for over 20 years, I have focused my legal practice almost exclusively on protecting employees' rights, including rights under the FMLA. This allows me to keep current on all the cases and relevant laws in this area as they develop, giving you focused and experienced representation from your lawyer. Contact me today to see if you qualify for the rights guaranteed under the FMLA.
Know Your Rights Under The FMLA
The FMLA, along with the California Family Rights Act (CFRA), protects your employment during times of illness. FMLA was enacted to allow employees under certain circumstances to take a reasonable leave during times of childbirth, illness, or the illness of a spouse or other family member, without the fear of losing your job in the meantime.
If you qualify, you may be entitled to take a protected leave under the FMLA.
Do You Qualify?
The following types of employers may be required to allow you leave under the FMLA:
- Organizations that employ at least 50 employees within 75 miles of your workplace
- All public and private elementary and secondary schools
- All public agencies
You may qualify for leave under the FMLA if:
- You have worked for your current employer for at least 12 months.
- You have worked at least 1,250 hours during the year preceding your leave.
- You work at a company that employs 50 or more employees within 75 miles of the employee's worksite.
What Are Your Rights Under The FMLA?
If you qualify, your employer must provide you up to 12 weeks of protected medical leave over each 12-month period for your childbirth, adoption or serious health condition, or to provide care for an immediate family member's serious health condition.
When an employee takes protected medical leave under these laws, the employer is not generally obligated to pay the employee for the leave other than through your use of the employee's accumulated sick leave, vacation pay or PTO. However, under most circumstances, the employer will be required to hold open your job, or a substantially similar job, for the employee to return to upon being released to return to work from the protected medical leave. The employer will be prohibited from retaliating against the employee for having taken the protected medical leave.
Since I have focused the Law Offices of Alan Adelman exclusively on employees' rights, and have a great amount of experience representing employees who need to take or have taken protected medical leaves, I know what you can expect from the process and how to protect your rights. Contact me today at to discuss your FMLA case.