Have you faced unlawful actions regarding the Family Medical Leave Act? The Law Office of Fahim Rahman stands prepared to secure the recompense to which you’re entitled. Employees eligible for FMLA are justified in using their leave entitlements, and should do so free from apprehension of employer-led discrimination, vengeance, or intimidation. In San Francisco, infringements upon FMLA protections are taken gravely—if your fair treatment has been compromised or your job terminated due to leave, an experienced FMLA lawyer is crucial to advocate for your rights.
Our firm, under the guidance of Fahim Rahman, specializes in upholding employee rights in cases where FMLA benefits have been wrongly withheld or employment unjustly terminated.
The Family Medical Leave Act and How it Works
The Family and Medical Leave Act (FMLA), established in 1993, is a pivotal federal statute that secures eligible employees up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. Employers covered by the statute are legally compelled to accommodate an employee’s request for such leave and are strictly forbidden from retaliating by way of firing, discriminating, or any other adverse action as a consequence of an employee exercising their FMLA-granted rights.
This legislation is designed to shield workers who find themselves in situations where they must take a hiatus from work to address their own serious health condition or that of a family member, to prepare for a new addition to their family through birth or adoption, or to assume care for a foster child.
The FMLA is meant to provide employees with peace of mind, safeguarding their jobs while they avail themselves of this legislatively protected leave. However, should an employer breach any aspect of the FMLA—be it prior to, during, or subsequent to the leave period—or if an employee’s rights are otherwise violated under this law, the affected individual may be eligible for legal recourse and compensation. Our team of seasoned FMLA professionals specializes in the defense of employee rights and is prepared to take action against non-compliant employers.
Understanding Your Rights Under the FMLA: Are You Eligible?
The Family and Medical Leave Act (FMLA) grants specific employees the opportunity to take up to 12 weeks of unpaid leave under qualifying circumstances, providing job protection during this time. To determine your eligibility for FMLA leave, due to your own health condition or for caregiving responsibilities, you must meet these prerequisites:
- Accumulate at least one year of service with your current employer and have completed a minimum of 1,250 hours of work over that period.
- Be employed in the private sector at a location where there are 50 or more employees working within 75 miles.
- Understand that the unpaid leave is capped at a total of 12 weeks within any 12-month period.
- Recognize that FMLA leave is reserved for specified family relations. Eligibility extends to your immediate family, which includes your children, spouse/domestic partner, or parents. Please note that siblings and grandparents are not included in the FMLA coverage unless they acted as legal guardians during your youth.
Recognizing FMLA Violations
Employers sometimes discreetly contravene the Family and Medical Leave Act (FMLA) to avoid seeming noncompliant. Nonetheless, this doesn’t imply you should relinquish your entitled rights when an infringement occurs. The complexity of the law underscores the necessity of consulting a seasoned FMLA attorney at the Law Office of Fahim Rahman in San Francisco.
Should your employer necessitate a medical certification or any corroborative documentation from your healthcare provider or that of a gravely ill family member for your FMLA leave application, you are obligated to present such documents for your application to be processed. While your employer legitimately has the prerogative to request these records, they may not compel you to sign a medical waiver or release form. If you’re uncertain, it’s critical not to endorse documents that could potentially undermine your legal protections.
Dismissal of an employee on FMLA leave constitutes a blatant violation of the Act. Similarly, terminating an employee upon returning from leave, especially when the leave is cited as a contributory factor for the dismissal, violates FMLA provisions. Subtle yet equally unlawful violations include altering employment conditions during the employee’s leave, be it through salary cuts or changing terms of employment like demotions or reassignments within the company to less favorable roles or departments.
Talk to an FMLA Lawyer Today in Silicon Valley
If you suspect a violation of your FMLA rights, don’t hesitate to reach out to us. Our experienced attorneys in San Francisco specializing in FMLA matters are here to evaluate your situation, understand the circumstances that lead you to believe your rights have been infringed upon, and help determine the strength of your case. Protecting your legal rights is our priority—contact us today to ensure your employer is held accountable.