California Family and Medical Leave Act Lawyers
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide broad protection for employees who are sick and unable to work. These laws also protect employees who wish to take time off from work to care for a family member.
I'm San Francisco employment law attorney Stephen M. Murphy. I represent people who have been denied leave by their employers or who have experienced retaliation for taking leave. I see my job as trying to right that wrong, which usually involves seeking compensation from your employer.
When Can I Take Family or Medical Leave?
You are eligible for FMLA leave if you work for an employer with at least 50 employees in a 75-mile radius of your workplace and have worked at least 1,250 hours in the preceding year. You are allowed to take leave for any illness or injury that qualifies as a serious health condition, which is defined broadly under the law. You do not have to be disabled. For example, if you are having severe morning sickness during your pregnancy, you can take leave to deal with your health issues, and your employer can't fire you for missing time from work. Under the FMLA, you can take up to 12 weeks of unpaid leave in a 12-month period. The time off does not have to be consecutive.
You can also take leave to take care of a family member. "Family member" is defined broadly under the law and includes a parent, grandparent, sibling, adopted child or a stepchild. As long as your family member has a serious health condition, you can take up to 12 weeks in 12 month period to provide care.
Other Types of Leave
Our lawyers also represent employees who have been denied or have experienced retaliation for taking the following types of leave:
- Military leave
- Leave for spouses of military personnel who are on leave
- Maternity leave
- Paternity leave
- Disability leave
- Paid sick leave in California
- Workers compensation leave
- Jury service leave
Compensation for employees: Our attorneys obtained a $750,000 settlement for an in-house patent attorney of a pharmaceutical company who was terminated upon return from FMLA leave due to an ankle fracture.
Free Attorney Consultation
For more information about the Family and Medical Leave Act or to consult San Francisco FMLA lawyer Stephen M. Murphy, call 415-986-1338 or fill out the contact form on this website.