Putting Employment Issues Behind You

Helping You Understand Your Rights Under The Family And Medical Leave Act (FMLA)

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 with 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 25 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. 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 their job in the meantime.

If you qualify, you may be entitled to take protected leave under the FMLA.

Do You Qualify?

The following types of employers may be required to allow you to 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 CFRA 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 5 or more employees.

What Are Your Rights Under The FMLA?

If you qualify, your employer must provide you with 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.

Contact Me

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 to discuss your FMLA case. Call 415-906-3331 or fill out my online contact form.