Family Medical Leave Act

Experienced San Diego FMLA Attorney

Your Job Should Be Safe When You Take Medical Leave

Medical emergencies happen, and whether it’s affecting you or a family member, you have a right to take leave from work without worrying that your job will be affected. The Family Medical Leave Act (FMLA) provides protections for employees who need to take time off for medical or military reasons.

While most employers adhere to these guidelines, there are occasions where an employee returns from leave to find that their position has changed, their wages reduced, or their desk moved away from others. These are considered forms of retaliation and are unlawful.

If you have been denied medical leave or faced consequences for taking it, including wrongful termination, you need help for a skilled San Diego FMLA lawyer. AMartin Law has been fighting for employee rights in our community since 2009.

You can tell us more about your case during a free consultation. Call our attorneys today at (619) 268-6585 or contact us online to get started.

What You Should Know About Medical Leave

Any employer with at least 50 employees must adhere to the FMLA. This entitles an employee up to 12 weeks of unpaid leave in a 12 month period if they have a medical concern. Employees who need to leave for military reasons are entitled to up to 26 weeks of leave in a 12-month period.

However, in order to qualify for medical leave, you must meet certain qualifications:

  • You have been employed with the company for at least one year
  • You have worked 1,250 or more hours over the past year
  • Your employer has at least 50 employees
  • You need to take time off to address a personal medical problem or an issue with a family member

There are a variety of medical issues that are covered by the FMLA. Some of these include:

  • Serious health conditions requiring inpatient care or continuing treatment by a health care provider
  • Incapacity due to pregnancy complications or prenatal care
  • Needing to care for a spouse, child, or parent with a serious health condition
  • Birth and bonding with a newborn child, or the placement of a newly adopted or fostered child

While you are entitled to take leave, you are not guaranteed pay during this time. However, the law does require that you still retain health coverage if it is provided by your employer.

We fight tirelessly for employee rights and take most cases on a contingency fee basis. Get started on your case by calling our San Diego law firm at (619) 268-6585 today.

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Recognizing FMLA Violations By Your Employer

Whether through a lack of understanding or willful negligence, employers do violate the FMLA. It is important for employees to recognize these violations so they can stand up for their rights.

Some common FMLA violations include:

  • Failing to recognize serious health conditions covered by the FMLA
  • Punishing employees for excessive absences that are FMLA qualified
  • Requiring unreasonable notice of FMLA leave
  • Failing to continue an employee's health insurance during the leave period
  • Harassing employees on leave to pressure them to return to work
  • Failing to reinstate the employee to the same or an equivalent position when they return
  • Firing an employee for taking leave

If your employer has committed an FMLA violation against you, our attorneys can help you file an FMLA claim.

Common Mistakes in Filing for FMLA Leave

When it comes to filing for FMLA leave, individuals often encounter pitfalls that can jeopardize their claim. A major mistake is failing to properly notify your employer about the need for FMLA leave. Employees must follow their employer's guidelines for requesting leave, which may require written notice or specific forms to be filled out. Another common error is not providing sufficient medical documentation to support the need for leave. This documentation is crucial in proving the legitimacy of your FMLA request.

Additionally, some individuals misinterpret the scope of what is covered under FMLA, either assuming too broadly or too narrowly the conditions that qualify for leave. Misunderstanding the duration for which they are entitled to leave and the protections it offers upon their return to work can also lead to issues, such as assuming a full salary continuation instead of understanding the leave is unpaid but with job protection.

How an Experienced FMLA Attorney Can Help

An experienced San Diego FMLA attorney can guide you through the complex process of filing for FMLA leave, helping you avoid these common mistakes. They can ensure that you properly notify your employer in accordance with both federal and any applicable state guidelines. An attorney can also assist in gathering and submitting the necessary medical documentation to support your leave request, and explain the extent of your rights under the FMLA, including the duration of leave you're entitled to and your rights upon returning to work.

Attorneys are skilled in negotiating with employers and can act as a mediator if there are any disputes about the legitimacy of your leave or if you face retaliation upon your return. They can also provide legal representation if your rights have been violated, ensuring that you're fully protected under the law. With their in-depth understanding of FMLA regulations, an FMLA attorney is your best advocate in securing your rights while you or your family member faces medical challenges.

You Deserve This Time

We know that people do not take medical leave unless that leave is absolutely necessary. You should not be worried about your job while addressing a serious medical problem. Whether you were denied rightful medical leave or feel that your employer is punishing you for taking it, our experienced employment law attorney in San Diego can help.

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