Federal and state laws protect your right to time off when dealing with a significant life event, such as the birth of a child, medical treatments, caring for family members, and adopting. If your employer retaliated, harassed, or discriminated against you for time off, consider speaking with a San Francisco family and medical leave attorney for advice about handling your case. We take an empathetic approach to client services while using our decades of combined experience to hold your aggressors accountable.
We will also safeguard you from employers who retaliate over your filing a claim or civil lawsuit. Get in touch with our legal team for your Consultation at (415) 909-3945 or message us about your case here. We do not get paid until you win your family and medical leave case.
Family And Medical Leave Act (FMLA) And Employee Rights
Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), California employees are legally entitled to leaves of absence from their jobs for any of the following reasons:
- Medical care
- Providing care for a family member
Taking a leave of absence for any of these reasons is legally protected. However, that does not prevent unscrupulous employers from attempting to interfere with employees exercising their rights. If you need to take a leave of absence that you believe you are entitled to under the FMLA or the CFRA and your employer has attempted to interfere with your leave, contact a San Francisco FMLA rights attorney at The Armstrong Law Firm to discuss your case.
Can My Employer Stop Me From Taking Pregnancy Leave?
In San Francisco, you have the right to take pregnancy leave under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Furthermore, an employer cannot interfere with your right to take a leave of absence or retaliate against you upon your return from leave.
The following are examples of illegal employer actions:
- Using intimidation to prevent you from taking a pregnancy leave.
- Threatening to fire you (see wrongful termination).
- Threatening to demote you.
- Assigning you undesirable job duties.
- Transferring you to a less desirable location.
- Threatening to deny any future promotions.
- Reducing or threatening to reduce your pay.
“I was out on pregnancy disability leave when my employer of six years terminated me. I had always had very good work performance and they tried to say I had performance issues. I was so upset and stressed. My husband and I depended on my income to survive financially and we could barely afford to buy groceries. I was also worried for my unborn child because of my stress. I hired The Armstrong Law Firm and my employer immediately offered me my job back multiple times. I didn’t want to go back to someone that treated me that way. So my case was resolved for an amount that I am very happy with.”
Reviewed By: Angela M.
State and Federal Laws Affect Your Ability to File a Claim
Your employer may not have to provide FMLA coverage. However, employers with at least 50 employees for 20 weeks or more during the past or current year must recognize FMLA protections for those who are:
- With the company for at least one year
- Working at least 1,250 hours from the preceding year
- Within a 50-mile radius
Employers are also prohibited from retaliating against you over taking family and medical leave. Even where you did not specifically request time off, your employer may be held to the standard of being aware of the circumstances surrounding your situation. Speak with a San Francisco family and medical leave attorney at The Armstrong Law Firm to protect your case as early on as possible.
The FMLA Applies To More Than Just Pregnancy
While most people are familiar with the FMLA as it applies to pregnancy, the Act covers much more than childbirth and child rearing.
“Serious health conditions” are also covered under the FMLA. The law does not explicitly define what constitutes a serious health condition. However, generally speaking, a serious health condition may involve an overnight stay at a hospital or treatment facility, chronic conditions that prove to be incapacitating at least twice a year, and chronic conditions that are incapacitating for three or more consecutive days and require ongoing treatment. Common examples include treatment of serious injuries, cancer treatment and undergoing surgery.
Serious health conditions do not necessarily have to be physical in nature. Psychological conditions such as anxiety and depression may be covered under the FMLA. Taking time off of work to care for an ailing family member may also entitle you to a leave of absence.
How a San Francisco Family and Medical Leave Attorney Helps
Here are a few of the many reasons why victims of FMLA retaliation, harassment, and discrimination hire the San Francisco family and medical leave attorney at The Armstrong Law Firm:
- Decades of combined experience
- A deep bench of investigatory resources
- Strong command of the law
- Proven track record of success
- Free initial consultations
- No fees until you win
The Armstrong Law Firm is a legal team comprising of dedicated and experienced professionals who believe in championing the rights of those negatively impacted by FMLA. Our firm knows that you have legal rights and will do what it takes to protect them when filing a claim or litigating in civil court.
Serving As Your Advocates Every Step Of The Way
The legal issues surrounding FMLA cases are challenging with the legal guidance or advice. If you have any questions about your legal rights, our firm is ready to advise you at every step of the process. We represent employees throughout the San Francisco Bay Area, including Oakland, San Jose and Marin County.
Speak With Our San Francisco FMLA Attorneys
If your employer has interfered, or attempted to interfere, with your ability to take pregnancy, family or medical leave, turn to our highly skilled employee rights lawyers. The Armstrong Law Firm has a record of successfully defending the rights of employees in all employment law cases. Call (415) 909-3945 or contact us online to schedule your consultation.