Understanding The Law Around Leave
The Family And Medical Leave Act (FMLA) helps people who have had to take a temporary medical leave. As laws go, it is relatively straightforward, but it is often the basis for many lawsuits.
At [San Diego Biz Law, we have built a reputation as skilled, thorough litigators for clients in San Diego and across California. We work with clients on both sides of many employment law disputes, including FMLA lawsuits. We routinely take on large, complex cases and have a reputation for success. We can help you.
Pursuing Violations Of FMLA
The FMLA is a federal law that protects people who must take a break to care for a family member or bond with a new child. In that situation, a person is allowed 12 weeks of leave and then may return to their job.
There are some restrictions, including:
- The leave is unpaid
- You must prove the necessity
- It is only for people who have been employed for at least one year
However, if you meet the requirements for an FMLA leave, you have every right to take it when needed. If your company tries to make it difficult or impossible for you to take leave, you may have a case.
Protecting Against FMLA Lawsuits
Just because someone is on medical or family leave does not mean they are exempt from any firing. That person simply cannot be fired for taking their leave. You cannot block that leave, either. However, often, a person may take issue with your policies regarding their leave and file a lawsuit. That doesn’t mean it has a basis.
Insight Into FMLA Law From Both Sides Of The Matter
Because we work with clients on both sides, we know where a strong argument comes from and where the weaknesses lie. We offer clients the big law firm experience with a personal edge. We have the resources, technology and legal savvy to make a difference for you.