At the Law Office of Fahim Rahman, we stand with those who have suffered injustices under the Family Medical Leave Act. Our commitment is to secure the rightful compensation for employees entitled to medical and family leave who have been subjected to unfair treatment, whether in the form of discrimination, retaliation, or harassment, at the hands of their employers. In Silicon Valley, FMLA infringements are taken seriously, and should you feel that your rights have been violated—particularly if it resulted in the loss of your job—it is imperative to have a dedicated FMLA advocate in your corner, ready to champion your cause.
With a resolute history of safeguarding employee rights, our firm specializes in confronting employers who have neglected their duty to grant benefits or have wrongfully terminated their employees.
The Family Medical Leave Act and How it Works
The Family and Medical Leave Act (FMLA), established in 1993, is a federal statute that endows eligible employees with the right to up to 12 weeks of unpaid leave for certain family and medical situations. By law, employers who fall under FMLA mandates must honor legitimate leave requests, ensuring that no employee is subject to dismissal, discriminatory practices, or termination for availing themselves of FMLA privileges.
This pivotal Act stands as a safeguard for employees requiring time off to manage their serious health conditions, tend to family members facing significant health challenges, make arrangements for a new child’s arrival, or care for a newly adopted or foster child.
The FMLA provides employees with the assurance that they can take necessary leave without the trepidation of job loss. However, instances of FMLA infringement by employers, whether occurring pre-, post or during the leave period, may entitle the affected employee to recompense. Our team of FMLA specialists is committed to upholding employee rights and pursuing justice against any employers not adhering to these crucial legal provisions.
Understanding Your Rights Under the FMLA: Are You Eligible?
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks unpaid leave under specific circumstances, such as dealing with personal health issues or caring for a family member. For eligibility, the following conditions must be met:
- The employee should have a work history of at least one year with the current employer, with a minimum of 1,250 hours served in that duration.
- The employee works for a private-sector employer that has 50 or more employees within 75 miles of the workplace.
- The entitlement is limited to a cumulative duration of 12 weeks over any 12 months.
- FMLA leave is permissible to care for immediate family members only, which encompasses children, spouses/domestic partners, or parents. Siblings and grandparents are generally not included unless they acted as legal guardians during the employee’s youth.
Recognizing FMLA Violations
Employers must adhere to the Family and Medical Leave Act (FMLA) meticulously, and while some may tactically skirt the edges of compliance to obscure infractions, this should never impinge on your legally protected rights. The complexities of the law are exactly why it’s crucial to seek the seasoned counsel of an FMLA-savvy attorney at the Law Office of Fahim Rahman in Silicon Valley.
Should your employer require a medical certification or additional documentation from the healthcare provider of your ailing relative when you apply for FMLA leave, it’s your responsibility to present such documentation to proceed. While your employer is authorized to request these papers, they are not permitted to demand you sign a medical waiver or release—an act that would constitute a violation of the FMLA. Should you find yourself uncertain, refrain from signing any document that could potentially undermine your entitlements.
Dismissal of an employee who is on FMLA leave signifies a flagrant disregard for the FMLA, as does terminate an employee upon return from leave, particularly if the leave is implicated as a reason for dismissal. Other, subtler violations include changes made to employment terms during the leave period, which could encompass salary cuts or reshuffling the employee to a less advantageous role or department. Such alterations not only breach FMLA stipulations but also undermine the integrity of fair employment practices.
Talk to an FMLA Lawyer Today in Silicon Valley
If you suspect an infringement of your FMLA rights, please reach out to us. Our knowledgeable attorneys in Silicon Valley will carefully evaluate your situation and advise you on the potential merits of your claim. Take the first step to protect your rights and contact us today. Don’t allow your employer to undermine your legal entitlements.