William Lucas Marder Family and Medical Leave Act Law Blog on Lawyers.com

Congress passed the Family and Medical Leave Act (FMLA) in 1993.  This law allows covered employees to take time away from work to address family or medical concerns.  Depending on the state, a covered employee may have extra coverage in addition to what is provided by the FMLA.

Whether you are an employer or an employee, it is important to understand federal and local employment law with respect to leave.  A qualified San Jose employment law attorney can help you understand your rights. 

Coverage

According to federal law, employees are covered by the FMLA if they worked for the same employer for a minimum of 12 months, and for 1,250 hours directly before the request for leave.  Additionally, the employer must have 50 employees within a 75-mile radius.

An employer is required to provide each employee with 12 weeks of leave per year.  This time off may be combined with vacation or sick leave.

Reasons for taking family or medical leave include the following:

• Birth or adoption of a child
• To care for a family member who has a serious health condition
• To address the employee’s own health problems

Many employees worry that taking leave might result in job loss, or a decrease in benefits.  In most cases, employees are entitled to return to their position and the equivalent salary and benefits that they had before taking leave.

However, if a key employee takes leave, he or she may lose his or her job if restoring them to their previously held position would cause serious economic hardships for the employer.  A key employee is one who earns within the top ten percent of all employees within 75 miles.

A lawyer can explain the laws that apply to you, and design a strategy for dispute resolution between you and your employer.

San Jose employment law firm

If you have questions about your rights under the FMLA, or if your employer has denied you these rights, a qualified San Jose employment law firm can help.

The lawyers at Polaris take pride in their successful record of dispute resolution.  Whether it is filing a lawsuit and starting litigation, or alternative methods such as mediation, we work with our clients to decide what course of action is right for each individual case.

Contact Polaris Law Group LLP today at 831-531-4666 to speak with attorneys or mediators who can provide the guidance you need.