San Jose Medical Leave Attorney

Santa Clara County Disability Rights Lawyer

A number of state and federal laws provide workers with rights and protections relating to pregnancy, illness, and disability. These laws include the Pregnancy Disability Leave Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and the Workers Compensation Act.

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) entitle employees to take up to 12 weeks of leave to care for an ailing family member, to bond with a new child, or for medical reasons. In California, an employee can also use saved sick time to care for a sick family member or domestic partner.

An employee may be able to sue and employer who fires them for taking allowable medical leave under FMLA or CFRA.

If you have questions about FMLA or CFRA, contact the San Jose medical leave attorneys at Phillip J. Griego & Associates. We will review your case and identify the best legal options available to you.

Small Businesses and Employee Eligibility for Leave

Businesses that employ fewer than 50 employees are exempt from CFRA, but may still have to comply with the ADA and FEHA. Eligible employees must have been on the job for at least the last 12 months to be eligible for family or medical leave under FMLA or CFRA. Eligible employees may be required to submit paperwork and may have to document the medical reason for their leave.

It’s important that employers understand what information they can and cannot ask an employee to disclose as it can differ depending upon the reason for the leave of absence.

Returning From FMLA or CFRA Leave of Absence

California law protects an employee's job while he or she is on medical leave. An employer who chooses to eliminate an employee's job while he or she is on medical leave can offer the employee a similar job with comparable pay and job opportunities upon his or her return. If the employer can demonstrate that the employee would have been laid off anyway, or that a comparable job does not exist at the company, the employer may not have to guarantee the employee’s right to return to work.

Contact San Jose Medical Leave Attorneys at Phillip J. Griego & Associates

If you are involved in a dispute regarding medical leave, contact San Jose disability rights attorneys at Phillip J. Griego & Associates to schedule an appointment to discuss your case. Now available to see clients in Alameda County and the East Bay Area, call (925) 364-4655.