Protected Leaves of Absence in Northern California
Are You Eligible for the Family Medical Leave Act (FMLA)?
There are certain circumstances that are beyond our control which may result
in leaving work for an extended amount of time. Both federal and state
laws guarantee a leave of absence to employees and it is the responsibility
of employers to reinstate them to a job of similar standing and pay upon
their return to work. According to the Family and Medical Leave Act of
1993, eligible employees are allowed up to 12 weeks per year of paid or
unpaid leave for specific medical reasons.
An employee is qualified for Family Medical Leave (FMLA) if:
- The employee has been working for the employer for at least 12 months on
the date their leave is set to start
- The employee has worked at least 1,250 hours during the past 12-month period
before the date their leave is set to start
- The employer has 50 or more employees within a 75 mile radius
Acceptable reasons for medical leave include the following:
- An employee is unable to work due to serious health issues
- To care for an immediate family member with a serious health condition
- The birth of a child, or adoption or foster care placement of child
How is Your Employer Violating Your Rights?
Many employers fail to understand the law in regards to employee medical
leaves of absence. If you have correctly followed the conditions of your
leave by providing proper notice or you are facing an urgent situation,
your rights should be protected.
Violations of FMLA include:
- Failure to allow protected leave of absence
- Failure to properly inform workers of their rights
- Failure to provide equivalent employment upon return to work
- Pregnancy discrimination involving maternity leave
- Wrongful termination during or following a leave of absence
Let an Experienced Employment Attorney in Hollister Represent You!
Employers typically assume employees won’t fight back after their
rights have been violated. Attorney Bill Marder has more than twenty years
of legal experience and his successful track record includes millions
of dollars in compensation for
Don’t let your employer disrupt your life,
contact us at (888) 796-4010 for complimentary