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.

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.

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.