San Diego FMLA Lawyer

If you are looking for a San Diego FMLA lawyer, get in touch with Waltman Employment Law. We can help in your case. Book an appointment with us today.

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Waltman Employment Law: Your San Diego FMLA Lawyer

We all want to work hard and support ourselves and our families, aiming for a better future. However, it often feels like the American workplace only sometimes considers our needs, especially when balancing our personal lives and caring for loved ones. The Family and Medical Leave Act (FMLA) protects workers’ rights to take leave for personal or family-related reasons without fearing losing their jobs.

The FMLA was implemented to help employees deal with severe health conditions, care for family members with health issues, or welcome a new child into their family. It gives them the right to unpaid, job-protected leave for specific medical or family-related reasons. Nevertheless, navigating the FMLA can be complex and challenging, which is why having an experienced FMLA lawyer in San Diego is so important to ensure your rights are protected.

At Waltman Employment Law, we understand the ins and outs of FMLA. We are dedicated to providing personalized legal representation to employees facing FMLA-related issues in San Diego. We will be there for you every step of the way, offering guidance and ensuring you understand your rights and options under the FMLA.

What Is Covered by the Family Medical Leave Act?

The Family and Medical Leave Act (FMLA) is a federal law that looks out for employees’ jobs during medical and family emergencies. These laws require employers to give you unpaid time off for a serious health condition, to take care of a sick family member, and maternity or paternity leave.

The FMLA also ensures that individuals cannot be demoted or passed over for promotion due to taking FMLA leave. A reduction in benefits or wages also constitutes a violation of the FMLA.

If your claim is successful, the following outcomes may occur:

  • You may receive compensation for damages, including lost benefits, wages, and other economic losses.

  • You may be granted the requested leave if previously denied.

  • You may be reinstated to your previous position.

If you have been denied FMLA leave or faced retaliatory actions from your employer for taking FMLA leave, it is crucial to seek legal representation. At Waltman Employment Law, our skilled FMLA lawyer can assist you in defending your rights and holding your employer accountable.

Who Is Eligible for FMLA?

To qualify for FMLA, you must:

  • Work at a company with 50 or more employees working at least 20 weeks per year.

  • Have worked for the company for at least 12 months.

  • Have worked at least 1,250 hours in the previous 12 months.

If you meet the requirements, you can take up to 12 weeks of unpaid leave within a period of 12 months. When you come back, your employer must reinstate you to your original or a similar position. In some cases, you can take these 12 weeks of medical leave intermittently, or your employer may agree to a modified schedule.

Remember that this medical leave can be used for personal reasons like taking care of a medical condition, injury, illness, or disability. Moreover, it can be awarded for providing compassionate care to a family member facing a severe health condition, such as a parent, spouse, or child. An employee requesting FMLA leave may need to provide medical certification. However, certification is not required for leave related to caring for a newborn, newly adopted, or foster child.

What Is the California Family Rights Act?

The California Family Rights Act (CFRA) is a California state law that provides employees with 12 weeks of unpaid, job-protected leave. This law mirrors the FMLA but applies only to California employees.

Unlike FMLA, the CFRA applies to employers who employ five or more individuals. The CFRA also provides leave options for individuals to care for a domestic partner or another “designated person,” thus expanding who qualifies for leave.

How an FMLA Lawyer Can Help You

An FMLA attorney can offer invaluable assistance in various aspects and stages of FMLA leave. A lawyer can help you by providing:

  • Extensive knowledge of FMLA laws: An FMLA attorney understands FMLA leave laws, ensuring you know your rights and responsibilities well.

  • Determining eligibility: By assessing your specific circumstances, a San Diego FMLA attorney can determine whether FMLA covers your employer and if you qualify as an eligible employee.

  • Safeguarding your rights: If you encounter issues upon returning from a family or medical leave, such as your employer failing to reinstate your position and salary, an attorney can assist you in filing a lawsuit to seek appropriate remedies.

  • Legal guidance: With their experience in FMLA law, an FMLA lawyer can navigate the legal process of filing a lawsuit against your employer, ensuring that all proper procedures are followed.

  • Settlement negotiations: San Diego FMLA lawyers may also be able to negotiate a settlement with your employer outside of court, potentially securing compensation for lost wages, benefits, and other damages.

By collaborating with an experienced attorney, you can have confidence that your rights are safeguarded and your legal matters are effectively handled.

Need Legal Assistance with FMLA? Contact Waltman Employment Law

Understanding and navigating the complexities of the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) can be overwhelming for employees. Knowing your rights, eligibility, and the protections these laws offer is critical, especially during personal or family health emergencies.

At Waltman Employment Law, we will fight for your rights and address your FMLA concerns. We are dedicated to offering thorough guidance every step of the way.

Contact us here for a free consultation, and let us protect your rights and interests.

Frequently Asked Questions

Do I Get Paid for FMLA in California?

No. While some employers offer paid leave, employers are not required to provide compensation during FMLA or CFRA leave. However, if you are enrolled, group health coverage stays intact during your 12-week leave. Additionally, employees also continue accruing seniority and other employment benefits.

In California, some individuals may also be entitled to wage replacements through the Paid Family Leave Program (PFL). PFL provides benefit payments for up to eight weeks for individuals who take time off to care for a family member or bond with a new child.