Employees in California and throughout the rest of the nation have important rights in relation to medical leave, but the legalities are challenging, which can make enforcing your rights difficult. If you haven’t received the medical leave you’re entitled to or have experienced negative consequences in relation to your leave, you shouldn’t wait to consult with an experienced San Francisco medical leave attorney.
The federal Family and Medical Leave Act entitles eligible employees of covered employers to unpaid medical leave for specific family and medical reasons while their jobs and their insurance coverage remain protected.Â
In order to qualify for FMLA, all the following must apply:
In a 12-month period, employees are entitled to 12 workweeks off for any of the following:
The length of leave extends to 26 workweeks during a 12-month period for employees who need to care for a covered servicemember who is their spouse, child, parent, or next of kin and has experienced a serious injury or illness, which is called military caregiver leave.  Â
The California Family Rights Act (CFRA) generally meets and exceeds the protections afforded by FMLA. For employees to qualify for CFRA, the requirements related to time on the job remain the same as FMLA. CFRA, however, extends to all employees who work for employers with at least five employees – rather than FMLA’s 50. Further, CFRA applies regardless of where the employee works, while employees must work within 75 miles of a primary worksite in order to qualify under FMLA.Â
Finally, CFRA covers caring for a broader range of relatives, and as of January 1, 2023, designated persons are included. This classification extends not only to anyone who is a blood relative but also to anyone who is demonstrably like family. Â
If your right to medical leave has been violated, Jeannette Vaccaro at The Law Office of Jeannette A. Vaccaro in San Francisco is a trusted medical leave attorney with a wealth of experience helping clients like you prevail with favorable outcomes. Your claim is important, so please don’t wait to reach out and contact us for more information today.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
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