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San Francisco Medical Leave Attorney

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San Francisco Medical Leave Attorney

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.

Federal Family and Medical Leave Act

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. 

Qualifications

In order to qualify for FMLA, all the following must apply:

  • The employee worked at the company in question for at least one year. 
  • The employee worked at least 1,250 hours during that year.
  • The employee worked at a location that was within a 75-mile radius of a worksite with at least 50 employees. 

Entitlements

In a 12-month period, employees are entitled to 12 workweeks off for any of the following:

  • The birth of a child and caring for the newborn child within one year of their birth
  • The adoption or fostering of a child and caring for the child within one year of placement
  • The need to care for one’s spouse, child, or parent who is experiencing a serious health concern
  • A serious health concern that leaves the employee unable to do the essential functions of their job
  • Any qualifying situation in which the employee’s spouse, child, or parent is on covered active duty

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.   

California Family Rights Act

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. 

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.  

An Experienced San Francisco Medical Leave Attorney Can Help

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.

Think You May
Have A Case?

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.

Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.

Think You May Have A Case?

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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