Employment Lawyer Rutger Heymann is a member of the California Sate Bar and provides
legal services throughout the San Jose and the South Bay Areas including the cities
of Sunnyvale, Santa Clara, Cupertino, Milpitas, Palo Alto, Mountain View, Menlo Park,
Redwood City and Foster City, as well as the communities within and adjacent to the
Santa Clara Valley (Silicon Valley), from San Francisco to Gilroy, and from Walnut
Creek to Oakland, Alameda, Fremont, Hayward, Livermore and Hollister.
Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act
(CFRA) entitles covered employees to twelve weeks of unpaid leave during a twelve
month period for any of the following reasons:
Serious health condition of a spouse, child, or parent
Employee’s own serious health condition
The birth, adoption or foster care of a child
The requirements of the FMLA apply to both male and female employees. An employee
who returns to work following a twelve week FMLA leave must be returned either to
the same position or to an equivalent position in terms of pay, benefits and other
conditions of employment. Too often, employers do not follow these rules, causing
employees to suffer lost wages as well as emotional distress.
Medical Leave Retaliation
In California, an employer is prohibited from interfering with an eligible employee's
right to take FMLA or CFRA leave or discriminating or retaliating against an employee
for taking such a leave. If an employer does interfere with an employee's right to
take leave or discriminate or retaliate against an employee for taking leave, an
employee may have a cause of action against his or her employer.
Inadvertent Job Abandonment – Why It Is Important to Consult an Attorney
Employees often mistakenly believe that continuing to send doctor’s notes to the
employer means they can stay on leave longer than the FMLA period. They are surprised
when the employer terminates them for abandoning their job after 12 weeks, even though
the employee submitted a doctor’s note for additional leave. That is why it is important
to consult an experienced employment attorney if you are on leave.
Handling Cases Throughout the Bay Area - San Jose and San Francisco
For more information on your rights under FMLA, Title VII, ADA, CFRA or other employment
laws contact me today. At my San Jose law office, The Law Offices of Rutger Heymann,
I represent employees bringing claims under the FMLA and CFRA. If you have been terminated,
your job replaced or discriminated against for exercising your legal right to take
leave under these Acts, contact me, a California employment lawyer, at 408-297-7100
or email me to schedule a consultation today.