Like most people, you and your family may develop pressing needs that overlap with work, such as caring for a new child or for a family member with a serious medical condition. Federal and some state laws may allow you to take leave from your employment to handle these personal problems. You owe it to yourself and your family to find out about your rights to leave from work. Consult a wage-and-hour lawyer about your particular situation.
Southern California Wage and Hour Attorneys
As a California employee, you have certain rights that are protected by California state law. One of these rights is the right to receive compensation for overtime work. If you need to speak with an attorney about an unpaid overtime claims, contact Backstrom & Heinrichs in San Diego, California.
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Family and Medical Leave
The federal Family and Medical Leave Act (FMLA) is a law that allows certain employees to take extended time off for particular family or medical needs. Additional leave may be available through more generous state laws, collective-bargaining agreements or employer-provided leave programs. An employee rights lawyer from Backstrom and Heinrichs, APC in San Diego, California, can advise you of your particular entitlement to family or medical leave.
FMLA-Covered Employees
Not all employers are required to provide every employee with FMLA leave. Employers subject to the FMLA include:
- Federal, state and local governmental agencies
- Certain federal governmental units
- Private or public elementary or secondary schools
- Private businesses engaged in or affecting interstate commerce that employed at least 50 employees (including most part-time and most on leave) in 20 or more weeks in the current or prior calendar year
An employee of a covered employer is eligible for leave if he or she has worked for the employer at least 12 months and at least 1,250 hours in the 12 months before the leave; works in the United States, a US territory or a US possession; and works at a worksite with at least 50 employees within 75 miles.
FMLA Leave
An FMLA-covered employer must provide eligible employees with a maximum leave of 12 weeks. The leave may be unpaid or combined with employer-provided paid leave, such as vacation or sick leave.
The FMLA allows leave for:
- Birth, adoption or foster placement of a child
- Care of a spouse, parent, minor child or incompetent adult child with a serious health condition
- Your own serious health condition
Broadly speaking, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care and subsequent related treatment
- Incapacity requiring continuing treatment
- Pregnancy
- Treatment for a chronic illness, ongoing or episodic
- Permanent or long-term incapacity
- Multiple treatments
You may be required to provide advance notice or medical certification of your need for leave. An employer who provides health insurance is required to maintain your coverage while you are on leave.
State or local law, collective-bargaining agreements or employer-provided leave benefits may provide more generous family and medical leave benefits than the FMLA. However, none of these vehicles may reduce FMLA benefits.
Returning to Work
Under most circumstances, when you return from FMLA leave you are entitled to your former job or its equivalent with the same employment terms. However, different provisions apply to key employees who hold certain highly compensated salaried positions.
Conclusion
The FMLA, similar state laws, collective-bargaining agreement leave provisions and employer-provided leave benefits can be an immense help to people who have important family obligations or health problems, but who need to keep their jobs. An employment law attorney from Backstrom and Heinrichs, APC in San Diego, California, can help you understand your rights to employment leave and legal remedies if those rights are violated.
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