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 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.
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 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
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.
You Deserve This Time
We know that people don’t take medical leave unless they have to. 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 FMLA attorney in San Diego can help.
We fight tirelessly for employee rights and take most cases on a contingency fee basis. Call (619) 268-6585 today.