Family Medical Leave Act (FMLA)

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.

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.

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.

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.

Experienced & Attentive

AMartin Law is focused and dedicated to helping employees find legal recourse after enduring mistreatment from an employer. After nearly seven years at an international defense firm, Attorney Alisa A. Martin chose to leverage her inside knowledge of how big companies fight to help employees find justice.

She values closely listening to her clients' concerns and understands the impacts that her work can have on their lives. That's why her practice emphasizes the importance of providing each client a unique experience.

Contact AMartin Law or call us at (619) 268-6585 as soon as you think you have a legal complaint. We can help you understand the next steps in your employment law case.

Get to Know Your Attorney

Alisa Martin is a passionate, experienced attorney who stays ahead of the curve. Learn more about how she can help you today.

What Drives Us Forward

  • Over a Decade of Legal Expertise

    Before she opened up her firm in 2009, Alisa spent over 6 years working with a large international firm, equipping her with the knowledge of the inner workings of corporations.

  • Free Consultations

    Why pay to have a conversation? The first initial discussion of your case is 100% complimentary.

  • Knowledge of Both Sides of Litigation

    Remember the multinational firm Alisa used to work for? Her experience with them gave her extensive knowledge of defense litigation, which makes her a great asset to the plaintiff side nowadays.

  • One-on-One Personalized Representation

    With a background in clinical psychology, Alisa handles all of her cases with sensitivity and respect. Trust her to take care of each client as if they're her only client.

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