Family Medical Leave Act

"You Can't Have the
Time Off, They Said."

Family Medical Leave Act Claims
in San Jose, Silicon Valley and the Bay Area

The Family Medical Leave Act (FMLA) was enacted so that employees could — without losing their jobs — get time off work for serious illnesses, for childbirth or adoption purposes, or for taking care of a spouse, child or parent with a serious medical condition.

Up to 12 weeks of FMLA leave are allowed each year.

That said — not everyone who works qualifies for FMLA leave time. Minimum eligibility requirements include working for an employer with at least 50 employees; employment for at least 12 months; and work in excess of 1,250 hours during the last 12 months. You must also have a doctor's certification for the request.

If you meet these minimum requirements and have been told that you can't have the time off — your employee rights may have been violated and your employer may be in violation of the FMLA.

At Lamberto & Kreger, we take FMLA violations seriously.

We can protect your workplace rights. Call our lawyers directly at 408-999-0300 or contact us online.

Some of the more common FMLA violations include:

• Cancelling your health care coverage during the leave (you must continue paying your premiums, however)
• Placing you in a lesser position with lower pay, fewer benefits or opportunity after you return
• Requiring you to pay for a second doctor's opinion
• Refusing to grant leave to an eligible employee

Get in touch with us.

For answers to other questions you may have regarding FMLA violations, your rights or your legal options — call us in San Jose, California, at 408-999-0300 for a free consultation, or contact us online. We generally respond promptly, often by telephone within five minutes.