San Diego Family Medical Leave Attorney

Balancing a career and a family can be challenging. There may come a time when you need to take time off work to care for a family member, and it can be useful to know what your rights are under the Family and Medical Leave Act (FMLA). If you believe your FMLA rights have been denied, reach out to Browne Employment Lawyers, PLC for help.

Why You Need a Lawyer For Your Family Medical Leave Claim

Taking legal action regarding Family Medical Leave claims necessitates professional assistance. Here’s why working with a lawyer is absolutely essential in such situations:

Assessing the Validity of Your Claim

Family Medical Leave cases can be intricate, requiring in-depth knowledge of the law and understanding potential outcomes of the case. An attorney evaluates your scenario, assesses the claim’s merit, and suggests effective strategies.

Representation in Negotiations

Skilled attorneys can represent your interests during critical discussions with your employer, potentially resulting in a settlement without lengthy court proceedings. 

Gathering and Presenting Evidence

Lawyers are skilled in both collecting relevant evidence necessary to build a case and putting forth an argument effectively. This typically encompasses documents such as medical reports, employment records, or witness statements. 

Protecting Against Retaliation

Taking a stand against your employer can sometimes lead to adverse responses or even retaliation, all of which are unlawful under the law. Retaining legal counsel promptly shows the seriousness of your intent to pursue justice while discouraging any negative backlash from employers. It will hopefully lead your employer to take your claim seriously and understand that you can’t be taken advantage of.

Consulting with a knowledgeable lawyer for your FMLA claim ensures comprehensive protection of your legal rights, helping you navigate through a complicated process.

Why Hire Browne Employment Lawyers For Your Family Medical Leave Claim?

Consulting with Browne Employment Lawyers for your Family Medical Leave Act Claim provides top-notch representation. Here’s why you should consider partnering with us:

Affordable Services

We prioritize accessibility of services, which is demonstrated by offering a free consultation and utilizing a contingency fee structure. This means you are only charged if we obtain a settlement or verdict on your behalf. You never owe us anything up front or out of your own pocket.

Our Unique Perspective

Our founder, David Browne, has considerable experience defending employers against employment law claims before he transitioned to representing employees. This provides us with an invaluable perspective and deep understanding of defense strategies, enabling our team to build even stronger arguments for our clients.

Decades of Combined Experience

Our legal team brings to the table decades of combined experience. This accumulated knowledge in employment law gives us deep insights into how to navigate both straight-forward and complex Family Medical Leave Act claims, ensuring that your concerns are addressed professionally and competently at every stage of the resolution process.

Working with Browne Employment Lawyers for your FMLA claim gives you the best chance of obtaining a successful outcome.

What Is the Family and Medical Leave Act?

FMLA gives eligible employees of covered employers the right to take time off work for specific family and medical reasons. This leave is unpaid but protects the employee’s job and benefits while they are away from their job. FMLA provides important protections in case you need to take leave from work to care for a loved one.

What Leave Is Provided?

The particular leave that is provided under FMLA depends on the reason for the leave. Eligible employees are entitled to 12 workweeks of leave in a 12-month period for any of the following:

• The birth of a child
• Care of a newborn child or adoption or foster of a child within one year of birth/placement
• Care for their spouse, child, or parent who has a serious health condition
• Self-care for a serious health condition that renders the employee unable to perform the essential functions of their job
• Any qualifying emergency arising out of the employee’s spouse, child, or parent being a military member on active duty

If you believe that you were discriminated against due to your pregnancy, the San Diego pregnancy discrimination attorneys with Browne Employment Lawyers can help you get the justice you deserve.

Eligible employees with a spouse, child, parent, or next of kin who is a servicemember with a serious injury or illness can take 26 workweeks of leave during a 12-month period to care for the servicemember.

Who Is Covered Under FMLA?

Private employers who have 50 or more employees in 20 workweeks of the current or previous calendar year are generally covered under FMLA. Additionally, public agencies, government agencies, and public or private elementary or secondary schools are covered employers under FMLA regardless of how many employees they have.

Employees of covered employers are eligible for FMLA leave if they meet the following requirements:

• They have worked for the covered employer for at least 12 months (the 12 months do not have to be consecutive)
• They have worked at least 1,250 hours for the covered employer during the 12 months immediately before the leave

In some situations, eligible employees may take intermittent FMLA leave by reducing the time they work each workday or workweek.

Employee Responsibilities Under FMLA

Employees must follow their employer’s notice requirements as they would for requesting other time off. They must provide sufficient information for the employer to determine FMLA applies to the request. Generally, employees must request leave at least 30 days in advance if the reason for leave is foreseeable. If leave is not foreseeable, employees must give notice of the need for leave as soon as possible. If leave is for planned medical treatment, the employee must try to schedule treatment so that they do not disrupt the employer’s business operations.

Employers may require the employee to certify the need for FMLA leave. If an employer requests certification, the employee must provide medical certification. The employer can also request periodic certification to establish the ongoing need for leave.

What Constitutes Employer Retaliation in an FMLA Claim? 

Employer retaliation in the context of a FMLA claim refers to any adverse actions taken by an employer against an employee for invoking their FMLA rights. Such retaliatory behavior can manifest in various forms, including:

• Termination: Firing an employee for taking FMLA leave or for asserting their FMLA rights.
• Demotion: Reducing an employee’s rank, status, or responsibilities as a result of their leave.
• Reduction in Pay or Hours: Decreasing an employee’s salary or work hours.
• Denial of Promotion: Withholding a promotion from an employee.
• Negative Performance Reviews: Giving unfairly poor performance evaluations related to the employee’s FMLA leave.
• Increased Scrutiny: Subjecting the employee to excessive monitoring, supervision, or scrutiny after they return from leave.
• Harassment or Intimidation: Engaging in behavior that harasses or intimidates the employee for taking leave.
• Changing Job Responsibilities: Making significant negative changes to the employee’s job responsibilities or work conditions in response to their FMLA leave.
• Reassignment to Less Desirable Position: Transferring the employee to a less favorable position or location because of their leave.

Standing up to retaliation can be challenging, but knowing the potential actions an employer might take is the first step.

Contact an FMLA Lawyer for Help

If you need help navigating FMLA leave issues, an experienced San Diego employment lawyer from Browne Employment Lawyers, PLC for help. Contact us today to schedule your confidential consultation.

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