San Diego Family Medical Leave Rights Attorney

The Family and Medical Leave Act (FMLA) of 1993 is a federal statute that applies to both women and men who need to take time from work for medical or family reasons, including to care for a sick family member, or to handle issues which arise from being pregnant, giving birth, and caring for a newborn. The leave is unpaid, but the FMLA protects your right to return to your job in the event that you qualify. Under current disability laws, an employee has additional protections that allow for time off to recover or to obtain treatment for illnesses.

Examples of situations covered under the FMLA include:

• Pregnancy, childbirth, and maternity
• Surgery to repair back, knee, or wrist injuries
• Cancer treatment
• Treatment for heart disease  
• Psychiatric treatment
• Extended care for a child or parent

When requesting FMLA leave, it is important that you submit your inquires or requests in writing; documentation is necessary to establish your claim. In addition, keep copies of your communication in a safe place, preferably not at work. If you are discharged by your employer, you want to be able to produce the records for a law suit.

For employers that have the required number of employees to be subject to the FMLA, their employees are entitled to:

• Twelve (12) workweeks of leave per twelve (12) month period for family related reasons, such as caring for birth, adoption, or foster care placement issues; caring for a sick child, spouse or parent; being physically unable to perform one's job
• Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
• To be protected from having their rights under the Act interfered with or denied by an employer.
• To be protected from retaliation for exercising rights under the Act.

The Gomez Law Firm works hard in order to provide a better life for our loved ones. If you have been denied your rights under the Family and Medical Leave Act, contact our firm today. Our firm will counsel clients on how to obtain better working conditions following their return from family leave, medical leave or pregnancy leave. When wrongful termination or workplace discrimination claims arise following the return to work, the employer must establish that the termination or adverse employment action, i.e. demotion was the result of a non-related issue. Our attorneys protect the rights of individuals in protected classes, including pregnant women, disabled individuals and other protected employees. Our firm investigates each case to determine if the employer's stated reason for the adverse employment action i.e. termination or demotion was illegal or based on discriminatory motives. The attorneys at the Gomez Law Firm are experienced and knowledgeable in FMLA laws and can provide you the legal help you are seeking. Contact us today.