FAMILY MEDICAL LEAVE

(415) 342-4125

Under the California Family Rights Act (CFRA), an employer with five or more employees must provide eligible employees with 12 workweeks of unpaid leave for the following:

  • a serious health condition of the employee

  • a serious health condition of a child, spouse, or parent

  • a birth of a child and to care for the child

  • a placement of a child with the employee for adoption or foster care

Under certain circumstances, the 12 workweeks may be taken on an intermittent basis.  To be eligible for leave under CFRA, an employee must have worked for the employer for at least 12 months and must have worked at least 1250 hours during the 12 month period immediately preceding the leave.

It is unlawful for an employer to deny an eligible employee leave.  Under most circumstances, an employer must reinstate an employee to the same or an equivalent position at the conclusion of the leave.

The Family Medical Leave Act (FMLA) provides similar protections, but applies to employers with fifty or more employees.

If you feel that your right to leave under CFRA or FMLA has been denied and would like to discuss your matter, give Martin Velez a call. You may reach him at (415) 342-4125 and at martinvelez@comcast.net.

Mr. Velez represents employees throughout the San Francisco Bay Area, including Alameda County (Fremont, Hayward, Oakland, and Pleasanton), Contra Costa County (Antioch, Martinez, Richmond, and Walnut Creek), Marin County (San Rafael and Novato), Napa County (American Canyon and Napa), City and County of San Francisco, San Mateo County (Daly City, Menlo Park, and Redwood City), Santa Clara County (Mountain View, Palo Alto, and San Jose), Solano County (Fairfield and Vallejo), and Sonoma County (Petaluma and Santa Rosa).