San Francisco FMLA Lawyer

San Francisco FMLA Attorney

Every employee in California has certain rights that are upheld by federal and state agencies in order to protect them against potential adverse actions by their employer. However, incidents of employers mistreating their employees and violating their protected rights still do happen, which is why it’s essential to contact an experienced San Francisco FMLA lawyer if your rights to take unpaid leave for a serious family or medical reason have been denied by your employer.

At Clark Employment Law, APC, our team is dedicated to diligently representing victimized workers in all types of California employment law cases.

What Is FMLA?

The Family Medical Leave Act (FMLA) is a federal law that requires employers to allow 12 weeks of job-protected leave that is unpaid for qualifying employees within a 12-month period for some family and medical reasons.

The California Family Rights Act (CFRA) of 1993 is the state law that requires covered employers to allow 12 weeks of job-protected leave that is unpaid for qualifying employees within a 12-month period for some family and medical reasons, as long as they provide reasonable notification.

It’s important to understand that FMLA and CFRA are not the same as paid time off (PTO), a perk that is often provided by an employer as a specific benefit. Federal and state laws are in place to specifically protect employees’ job status for certain serious family and health-related reasons.

What Employees Are Eligible for FMLA?

An eligible employee for taking unpaid job-protected leave under the FMLA law must meet the following criteria:

• Work for an employer covered under FMLA
• Have worked for the employer for 12 months. The 12 months are not required to be consecutive
• During the 12 months before the start of their leave, they must have worked at least 1,250 hours
• Work at a location where 50-plus employees work or work within 75 miles of the location

It’s also crucial to understand that only certain family and health-related events qualify for FMLA leave. A serious health condition is defined as any illness, injury, or impairment that involves inpatient care or continuing treatment by a healthcare provider. This can be either physical or mental health conditions.

Also, under FMLA regulations, the allotted 12 weeks of unpaid leave for childbirth can be used by the mother for a serious health condition following childbirth. It could also be used for incapacitation due to pregnancy or for prenatal care. A father is permitted to use FMLA leave for the child’s birth and also to care for their spouse who became incapacitated as a result of childbirth or pregnancy.

What Rights Do Employees Have Under FMLA and CFRA?

Under both FMLA and CFRA, employees are entitled to certain rights. Any eligible employee is entitled to return to the same or similar job after taking their leave, except in a few specific circumstances, such as when the employee would have been laid off if they had not taken leave. An employer cannot use the employee’s family or medical leave as a factor in determining the decision to terminate their position.

Employees who take family or medical leave are still entitled to their employer’s healthcare benefits and enrollment or other employee benefit plans, such as life and disability insurance, to the same extent. They are also entitled to accrue seniority during their leave.

If you have needed to take necessary FMLA or CFRA leave due to family or serious health-related reasons but have been denied any of the above benefits or received any form of discrimination or harassment from your employer, it’s paramount that you contact an experienced employment lawyer to ensure that your rights as a California employee are upheld.

Employment Law FAQs

Q: What Is the FMLA law in San Francisco?

A: Like the rest of the state, San Francisco abides by the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) of 1993. Both require employers to provide employees with 12 weeks of job-protected leave within a 12-month period that is unpaid for a particular family medical reason if they are eligible.

Q: Can My Employer Deny My FMLA California?

A: In California, covered employers are not allowed to deny any Family Medical Leave Act (FMLA) request by an eligible employee when they have properly requested it. Since FMLA is a federal law, eligible employees are allowed to take 12 weeks of leave, unpaid, with their job being protected, for any qualifying family and medical reasons.

Q: Does California Pay You for FMLA?

A: California does not pay you for time off during FMLA leave. Since it is a federal law that protects employee’s jobs while they are on unpaid leave for qualifying family or medical events, it does not pay, unlike paid leave or paid time off (PTO). FMLA exists to provide job protection, not paid benefits.

Q: Who Can Certify FMLA California?

A: When an eligible employee requests FMLA for a qualifying family or medical event, they may also be required by their employer to submit a form of certification provided by a healthcare provider in order to support their need for FMLA leave. This can be the case for their own personal medical needs or that of a covered family member with a serious health condition.

Contacting a Reputable San Francisco FMLA Lawyer

If you or a loved one has been denied your employee rights under FMLA and CFRA laws or been discriminated against as a result of your leave, then it’s crucial that you contact a trusted employment lawyer with direct experience handling FMLA cases in California. Caring for yourself or your loved one should be your priority, not fighting with your employer.

At Clark Employment Law, APC, our lead attorney, Tyler F. Clark, has direct experience aggressively litigating on behalf of mistreated employees throughout California. Our firm maintains a small caseload and works on a contingency basis, which means that your case will receive the undivided attention it requires. You will only pay if we win your case and you receive financial compensation.

Contact us today to schedule a consultation with our team so that we can start reviewing your case.