The Family Medical Leave Act and the California Family Rights Act require that employers with 50 or more employees within a 75-mile radius provide up to 12 weeks of unpaid leave to employees to attend to their own medical concerns or to care for a family member.
To qualify for family medical leave, the employee must have worked 1250 hours in the 12 months prior to taking leave.
An employee may, but need not take leave all at one time. Employees are entitled to intermittent leave. For example, if an employee suffers from a chronic condition, the employee may need to take leave once per week to see a heath care practitioner.
When an employee exercises the right to medical leave, the law entitles the employee reinstatement to the same job upon return from leave.
Our firm represents employees who have been denied medical leave or have been demoted or terminated for use of medical leave.
If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510.444.4400, or contact us online to discuss your legal rights.