California LGBT FMLA Rights Attorney

We help put the 'fair' back in 'fair fight'

The Family and Medical Leave Act (FMLA) is a federal law and is administered by the U.S. Department of Labor (DOL), Employment Standards Administration, Wage and Hour Division. California has its own leave law called the California Family Rights Act. These laws establish the rights and obligations of employers and employees to medical leave.

You are entitled to family medical leave and are covered under FMLA if you and your employer meet these requirements:

• You are employed by an employer who has more than 50 employees within 75 miles of your work site,
• You have worked for more than 1,250 hours in the previous 12 months, and
• You worked for your employer for at least 12 months before the time the leave is to begin.

When to Use FMLA Leave

Under FMLA, you may be entitled to take up to 12 weeks of unpaid leave for serious illness or medical treatment for yourself, your registered domestic partner, your parent or your child. A "serious health condition" is an illness, injury, impairment or physical or mental condition that involves either a) inpatient care in a hospital, hospice or residential health care facility, or b) continuing treatment or continuing supervision by a health care provider.

As a parent, you can also use unpaid leave to care after the birth of a child or upon the entry of a child into your family through foster care placement or adoption.

Did Your Employer Retaliate Against You for Taking Leave?

Taking a legally allowable medical leave cannot be the basis for disciplinary action, firing decisions or promotional decisions. If you took allowable family medical leave and then were discriminated against by your employer, harassed, demoted or fired from your workplace, seek legal help immediately.

Contact a California LGBT FMLA rights attorney at The Dolan Law Firm. We have decades of legal experience fighting for the rights of LGBT individuals and families to receive fair treatment in the workplace. See a few of our representative cases.

Do not let a concern over finances stop you from talking with a San Francisco Medical Leave Act lawyer. We work on a contingency fee basis, meaning you pay no fees or costs upfront. If we obtain a recovery on your behalf, we receive a percentage of that recovery. No recovery, no fee.

Q&A About FMLA

HOW DO YOU DO REQUEST LEAVE?

Make your request for family and medical leave in writing as soon as you know you will need leave or as soon as possible following an emergency. Check your employee handbook for any forms or processes that are required.

WHAT INFORMATION MUST AN EMPLOYEE PROVIDE TO THE EMPLOYER?

• Reasonable advance notice if the leave is foreseeable.
• Documentation from the employee's physician as to the medical condition and expected duration of the leave. This should be provided before the leave, if possible (emergencies happen).
• An estimate of the time off and return date.

If the need for treatment or leave is foreseeable, the employee should try and schedule treatment in a way that avoids disruption to the employer's business.

DO YOU HAVE TO TAKE ALL THE LEAVE AT ONE TIME?

No; leave may be taken all at once or when needed for appointments, treatments, or because of episodic difficulties. Total leave within a period may not exceed 12 weeks.

WHAT CAN THE EMPLOYER DEMAND AS PROOF OF NEED FOR MEDICAL LEAVE?

An employer may require a certification issued by a healthcare provider of the individual requiring care. That certification shall include all of the following:

• The date on which the serious health condition began.
• An estimate of the amount of time care will be required.
• A statement that the serious health condition requires someone to provide care during a period of treatment.

WHAT IF THE EMPLOYER DOES NOT BELIEVE THE EMPLOYEE?

The employer may, at the employer's expense, require that the employee get a second opinion by a healthcare provider designated or approved by the employer. That healthcare provider cannot be regularly employed by the employer.

If the second opinion differs from the opinion of the original healthcare provider, the employer may, at the employer's expense, require the employee to obtain a third opinion of a health care provider approved jointly by the employer and the employee. The opinion of the third provider will be considered to be final and binding on the employer and the employee.

WHAT IS AN EMPLOYER'S OBLIGATION UNDER THE FAMILY AND MEDICAL LEAVE ACT?

• To provide up to a total of 12 weeks of unpaid leave;
• To continue an employee's health benefits during the leave;
• To maintain the seniority of the employee and count the leave time just as if the employee continued to be at work for purposes of a seniority system; and
• To return the employee to the same or similar position (with similar responsibilities, pay, and opportunities for advancement) that he or she held prior to taking a leave.

HAVE YOUR RIGHTS BEEN DENIED?

Many companies have reporting requirements you must follow to report unlawful treatment, denial of your rights and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages. Keep copies of all communications with your employer.

• If you have been denied your right to unpaid healthcare leave,
• If you have suffered retaliation or harassment because you took leave, or
• If you were denied your job back after taking leave,

San Francisco Family and Medical Leave Act Lawyer

Contact The Dolan Law Firm in San Francisco. A California LGBT FMLA rights lawyer at our office will give you a free case consultation and advise you on steps you can take to protect your rights in California court.