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Pregnancy, FMLA, CFRA and Medical Leave

The Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act (CFRA) entitle covered employees to 12 weeks of unpaid leave during a 12-month period for any of the following reasons:

  • A serious health condition of a spouse, child or parent
  • The 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 12-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, the Americans with Disabilities Act (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, had your job replaced or been discriminated against for exercising your legal right to take leave under these acts, contact me, a California employment lawyer, at 408-404-8591or email me to schedule a consultation today.