San Francisco FMLA Lawyer

At Greenberg Gross LLP, our San Francisco FMLA lawyers represent employees whose rights to protected family or medical leave have been denied, interfered with, or followed by retaliation. Our attorneys investigate leave requests, employer communications, attendance and performance records, return-to-work decisions, and adverse employment actions to determine whether an employer violated federal or California law.

Employees should not have to choose between exercising legally protected leave rights and protecting their careers. If your employer denied qualifying leave, discouraged you from taking time off, refused to restore you to an appropriate position, or treated you differently after you returned, our San Francisco FMLA attorneys can evaluate what happened and determine which protections may apply.

Call us at (415) 426-6366 to learn more today.

Why Choose Our San Francisco FMLA Lawyers?

Leave disputes often depend on the chronology of events. What did the employee request? When did the employer learn why leave was needed? How did management respond? What changed afterward?

Our lawyers examine that sequence using leave requests, medical certifications, HR correspondence, attendance records, performance evaluations, disciplinary documents, and communications involving decision-makers.

We have earned a reputation as Trial Lawyers for High-Stakes Cases, which means our attorneys expect employers to deny any wrongdoing related to employment decisions. When litigation becomes necessary, we develop the evidence and legal strategy needed to test the employer’s explanations and pursue all available relief for our clients.

Who Qualifies for FMLA Leave in San Francisco?

To qualify for federal FMLA leave, an employee generally must have worked for a covered employer for at least 12 months and completed at least 1,250 hours of service during the preceding 12 months.

For most private employers, the FMLA applies when the employer has at least 50 employees. The employee generally must also work at a location where the employer has at least 50 employees within 75 miles.

Employees who do not meet federal FMLA requirements may still have rights under the California Family Rights Act (CFRA).

How Are FMLA and CFRA Different?

The federal FMLA and California Family Rights Act (CFRA) provide overlapping protections, but important differences exist.

Most notably, CFRA generally applies to employers with five or more employees, while the federal FMLA generally requires an employer to have 50 or more employees. The laws can also differ in how they define qualifying family relationships, pregnancy-related conditions, military provisions, and how they interact with other workplace protections.

California employees may have additional rights involving pregnancy disability, disability accommodation, paid sick leave, or other laws. An employer's statement that you "don't qualify for FMLA" therefore may not resolve whether your absence is legally protected.

If your employer says you are not eligible for protected leave, contact Greenberg Gross LLP at (415) 426-6366. One of our lawyers can evaluate whether the FMLA, CFRA, or other California employment protections apply to your situation.

What Is FMLA Interference?

FMLA interference occurs when an employer unlawfully interferes with, restrains, or denies an employee's exercise or attempted exercise of FMLA rights.

Interference can involve more than refusing a leave request. Depending on the circumstances, an employer could interfere with FMLA rights by discouraging qualifying leave, improperly counting protected absences under an attendance policy, or failing to provide required restoration rights.

Our attorneys examine what leave the employee sought, what information the employer received, and whether its response deprived the employee of a right protected by the FMLA.

What Is FMLA Retaliation?

FMLA retaliation involves adverse treatment because an employee exercised or attempted to exercise protected leave rights.

Legal issues can arise when an employee faces new discipline, diminished responsibilities, reduced opportunities, demotion, or termination after requesting or taking protected leave. Timing can be important, but it does not prove retaliation by itself.

Employers can still make legitimate decisions unrelated to FMLA leave. Our lawyers investigate what decision-makers knew, when employment concerns first arose, and whether the employer's explanation is consistent with the employee's record.

What Changed Before and After Your FMLA Leave?

One of the most useful ways to investigate a possible retaliation claim is to compare the employment relationship before the employer learned that leave was needed with what happened afterward.

An employee might have a history of positive evaluations and stable responsibilities before requesting leave. Afterward, that employee may encounter increased scrutiny, previously undocumented criticism, changed duties, exclusion from projects, or unexpected discipline.

A change in treatment does not automatically establish retaliation. The question is whether legitimate circumstances explain the employer's actions or whether protected leave influenced them.

Our San Francisco FMLA lawyers can compare performance evaluations, attendance and disciplinary records, internal communications, and the timing of employment decisions. We also investigate when managers first documented concerns and whether contemporaneous evidence supports those concerns.

If your employer's treatment changed after you requested or returned from protected leave, speak with one of our San Francisco employment attorneys at (415) 426-6366. The chronology surrounding your leave can be critical to understanding whether your rights were violated.

Can Your Employer Count FMLA Leave Against You Under an Attendance Policy?

An employer generally cannot treat qualifying FMLA-protected absences as attendance violations in a manner that unlawfully interferes with FMLA rights.

This can become important under point-based attendance systems. If protected absences result in points that contribute to discipline or termination, our team can examine whether the employer improperly applied FMLA leave against the employee.

Can Your Employer Contact You While You Are on FMLA Leave?

Not all employer communications during FMLA leave are prohibited. Reasonable contact concerning administrative matters or return-to-work arrangements may be permissible.

A different issue can arise when an employee is expected to continue performing substantial job duties while supposedly on protected leave. We can examine the nature and frequency of the contact and whether the employer's demands interfered with the employee's ability to take leave.

Do You Have the Right to Return to the Same Job After FMLA Leave?

Eligible employees generally have the right to return from FMLA leave to their previous position or an equivalent position with equivalent pay, benefits, and other employment terms, subject to applicable rules and exceptions.

FMLA leave does not provide greater job security than an employee would have had without taking leave. If an employer contends that restructuring, termination, or another change would have occurred anyway, our attorneys can investigate when the decision was made and what evidence supports that explanation.

Can You Be Fired While on FMLA Leave?

Being fired while taking FMLA leave is not automatically unlawful. An employer may terminate an employee during leave for a legitimate reason unrelated to the employee's exercise of protected rights.

The central question is whether the employer genuinely would have made the same decision if the employee had not taken leave. Our lawyers can examine when termination was first considered, who participated, what decision-makers knew about the leave, and whether contemporaneous records support the stated reason.

What Notice and Medical Certification Can an Employer Require When Considering an FMLA Leave Request?

Employees generally must provide sufficient notice and proof that they need qualifying leave, but they do not necessarily have to specifically ask for "FMLA leave."

Employers can require appropriate medical certification in certain circumstances and have their own responsibilities involving FMLA notices and designations. When a dispute arises, our attorneys can review the information the employee provided, the employer's response, and whether both sides complied with applicable requirements.

What Happens When Your FMLA or CFRA Leave Runs Out?

Reaching the end of FMLA or CFRA leave does not necessarily mean an employer can automatically terminate an employee who cannot immediately return without restrictions. Other California protections may still apply. 

For example, if an employee has a qualifying disability, additional finite medical leave or another workplace adjustment may potentially constitute a reasonable accommodation under California’s Fair Employment and Housing Act (FEHA).

Employers may therefore need to consider whether additional obligations apply rather than treating the end of protected leave as the end of the analysis. Whether further leave or another accommodation is required depends on the employee's circumstances, ability to perform essential job functions, and applicable law.

How Our San Francisco FMLA Lawyers Investigate Leave Claims

FMLA and CFRA disputes are often built by reconstructing communications and employment decisions across the entire leave period. Our attorneys may review leave requests, medical certifications, employer notices, HR correspondence, attendance records, performance evaluations, disciplinary history, and termination documents.

We then compare those records with the chronology: when the employer learned leave was needed, how it handled the request, what occurred during the absence, and what changed after the employee returned.

Internal communications can become particularly important when the explanation given to the employee differs from what decision makers were discussing privately.

You do not need to determine on your own whether you have enough evidence to prove a leave violation. Call Greenberg Gross LLP at (415) 426-6366 to discuss what happened with one of our San Francisco FMLA lawyers.

When Does an FMLA Dispute Become Employment Litigation?

Some leave disputes can be addressed through internal procedures or negotiations. Others require formal legal action, particularly when the parties disagree about why an employee was disciplined or terminated or when important evidence remains under the employer's control.

Once a lawsuit proceeds, our attorneys can use the discovery process to seek relevant documents and testimony and test the employer's defenses against the evidentiary record. Employees can learn more about the process from our San Francisco employment litigation lawyers.

How Long Do You Have to File an FMLA Claim?

Federal FMLA claims generally must be filed within two years of the alleged violation. For a willful violation, the limitations period generally extends to three years.

Claims arising under CFRA and related California protections can involve different filing procedures and deadlines, including administrative requirements through the California Civil Rights Department for applicable claims. Because a leave dispute can involve several overlapping laws, employees should not assume that one deadline governs every potential claim.

What Compensation and Remedies May Be Available?

The available relief depends on which rights were violated and the resulting losses. Under the FMLA, remedies may include lost wages, salary, employment benefits, or other compensation, as well as interest and other qualifying equitable relief, such as reinstatement or promotion.

The FMLA can also provide liquidated damages in qualifying cases, along with attorneys' fees and costs. Claims brought under other California employment laws may provide different remedies. Our attorneys can explain which damages may apply to your situation, depending on the specific causes of action supported by the evidence.

FAQs About FMLA Leave in San Francisco

Speak With the San Francisco FMLA Lawyers at Greenberg Gross LLP to Learn More

Taking protected leave should not erase the employment record you built before you needed time off. When a previously strong performance suddenly leads to discipline, protected absences are held against you, or your position changes after taking leave, the circumstances deserve careful examination.

Our San Francisco FMLA lawyers investigate what happened before, during, and after the leave period. We identify the federal and California protections that apply and prepare serious leave disputes for litigation when necessary.

Call the Greenberg Gross LLP team at (415) 426-6366 or contact us online to schedule a confidential consultation with a San Francisco FMLA lawyer today.