FMLA, Family Leave, Medical Leave and Illness

California FMLA Family Medical Leave Lawyer

San Diego Attorney Knowledgeable in Family and Medical Leave Act Concerns

The Family and Medical Leave Act (FMLA) is a federal statute designed to safeguard workers' jobs in times of medical and family emergency. The California Family Rights Act (CFRA) provides additional safeguards. These laws require an employer to provide a worker unpaid time off for sick leave, for care of a sick family member, for maternity leave, paternity leave or for other medically-related reasons. California’s FEHA and California Labor Code section 233 provide similar rights.

If you have been at your workplace for 12 months, have worked more than 1250 hours over the past year, and work for an employer with over 50 employees, your employer is required by law to provide you with up to 12 weeks of unpaid temporary leave per year and restore you to your original position, or to an equivalent position, when you return. What happens when you do not get your job back even though by law you are entitled to it? Contact my law office.

FMLA Questions? I provide answers. Call theLaw Office of Frank S. Clowney, III, at 866.604.1775 or 619.618.2419 ore-mail my office.

Were You Unreasonably Denied a Medical Accommodation?

If you have a medical problem that requires a medical accommodation from your workplace in order to do your job, your employer must provide you with an Intermittent/Reduced Schedule Leave under the FMLA. Your employer is supposed to sit down, review the need with you and explore what is reasonable.

  • Do you need to change your work hours to get to doctor appointments?
  • Do you need to be reassigned so as not to duly disrupt business operations?
  • Do you need your work station altered in some way?

This medical accommodation cannot be reasonably refused. An attorney can address accommodation and medical leave issues quickly, concisely and thoroughly.

Employment Discrimination. During an employment interview, a prospective employer is not allowed to ask you if you need a medical accommodation or if you have used FMLA in the past. They cannot refuse to hire you because you have a disability, either.

No Insults or Wrongful Termination Because You Are Sick

I recently represented a client with a seizure disorder who was on FMLA. She was put back on the work schedule at the same time as she was given a new medication with questionable side effects. She returned to work — and she was fired for being under the influence. It was the new medication. Clearly, my legal advocacy is needed in a situation such as this.

Your job is protected. Call my office to discuss FMLA, medical accommodations, hostile work environments, harassment, wrongful termination or any other employment law question. Contact me today. Call 866.604.1775 or 619.618.2419.