The Basics of FMLA

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The Basics of FMLA

It’s important to know your rights and obligations under the Family and Medical Leave Act (FMLA) in California. For an employee to be eligible for FMLA leave in California, they must meet certain requirements. Employees are protected from discrimination and retaliation due to taking leave. If you are seeking answers about your situation, it is important to understand all of the details of the FMLA and communicate with a San Francisco discrimination attorney. Call the Law Office of Jeannette A. Vaccaro to discuss your FMLA case.

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that provides employees with the right to take up to 12 weeks of unpaid, job-protected leave each year. This time can be used for medical or family situations, including caring for a newborn or adopted child, recovering from an illness, and attending to the needs of an ill family member. 

In order to qualify for FMLA leave in California, there are certain criteria that must be met. These include having worked at least 12 months prior to taking leave with their employer as well as having worked 1,250 hours within the past 12 months. Additionally, employers must have 50 or more employees located within 75 miles of their work location.

It is also important to note that under the FMLA, employers cannot discriminate against employees who take this type of leave, nor can they retaliate against them if they do so. If you feel your rights have been violated under this act, it is important to contact an experienced San Francisco discrimination attorney right away.

Eligibility Requirements for FMLA in California

In order to be eligible for FMLA leave, the employee must meet certain criteria: 

  • Must work for a public agency, any private employer with 50 or more employees, or any elementary or secondary school. 
  • Should have worked at least 1,250 hours during the preceding twelve months and must have been employed by the same employer for at least twelve months prior to taking their FMLA leave. 
  • Employed at a worksite in California where there are at least fifty other employees within 75 miles of the worksite.

It’s important to note that employers cannot discriminate against nor retaliate against workers who decide to take advantage of this legislation. If an employee feels their rights under FMLA have been violated by their employer, then they should contact an experienced San Francisco discrimination attorney without delay so as to discuss matters further and receive legal advice on how to best proceed with their case.

Employee protections under FMLA in California

Employee protections under FMLA in California are important to understand. Taking FMLA leave is a protected right, meaning employers cannot discriminate against or retaliate against an employee for taking leave. Employees may request reasonable accommodation for a disability as defined under the Americans with Disabilities Act (ADA). They have the right to return to their job after taking FMLA leave, and must be reinstated with the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

Employees also have the right to confidentiality during their FMLA leave. Employers are not allowed to ask for details about why they need time off or what medical condition they have that requires them to take FMLA leave. They should also not share any information about an employee’s medical condition with other employees unless it is necessary for providing health care benefits or accommodating the employee’s needs upon returning from leave.

Talk To An Attorney About Your Denied Medical Claim

Understanding your rights under FMLA in California is important if you feel your employer has violated your rights or retaliated against you for taking leave. An experienced San Francisco discrimination attorney can help you understand your rights and protect them through legal action if necessary. Don’t hesitate: call the Law Office of Jeannette A. Vaccaro today to discuss your case.

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