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FMLA Attorneys in San Diego
Protecting Your Rights to Care for Yourself & Family Members
Maintaining a work-life balance in the United States can feel like a tricky tightrope act, but there are protections in place to help you manage your life at home when you need to the most. The Federal Medical Leave Act (FMLA) helps most Americans strike a balance between their affairs at work and home by allowing them to take up to 12 weeks of unpaid leave to care for new children, without the risk of losing their jobs.
Reasons for taking this leave include the following and more:
- Childbirth and bonding
- Caring for a newly adopted or fostered child
- Caring for a spouse, child, or parent with a severe medical condition
- Caring for your own health if you face a debilitating medical condition
- Caring for family or household affairs when a military member of the family is on active duty
At Haeggquist & Eck, LLP, we help out clients hold their employers accountable when they violate the federal protections under the Family Medical Leave Act. While California law expands on the goals of this legislation through the California Family Rights Act and Pregnancy Disability Law, no employee should endure improper treatment from an employer when they need to take a protected leave of absence.
Am I Covered by the Family Medical Leave Act?
This federal law applied to the following employees and employers:
- A private company of 50 or more employees on payroll for at least 20 weeks in a calendar year
- Any public agency of any size.
- Any public or private elementary or secondary school.
- Employees who have worked at least 1,250 hours before taking leave
- Employees who work somewhere within a 75-mile radius of the employer’s worksite when the employer has 50 or more employees
What If I Lose My Job While on Leave?
The purpose of the Family Medical Leave Act is to protect employees’ jobs when they take leave. You may be shocked to find the old position you occupied was filled during your absence, but your employer is legally obligated to provide a similar or equivalent position with equal pay and benefits as you had before you went on leave.
If your employer radically downgraded your position in the company after you took a leave of absence, or refuses to re-employ you, contact the Family Medical Leave Act attorneys in San Diego at Haeggquist & Eck, LLP immediately. We will fight for your right to seek fair and just compensation for lost wages, damages, and possible reinstatement if your employer violated federal law.
Call Haeggquist & Eck, LLP today at (619) 342-8000 for more information and discover how we can help.
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