Richmond FMLA Lawyer

Hire an FMLA Lawyer

At Valerian Law, P.C., we take pride in supporting workers by defending their rights. Taking leave is crucial when you fall ill, need to take care of a relative, or are welcoming a child. If an employer doesn’t cooperate with your right to this time, you could be faced with lost income, stress, or even job uncertainty. Let us put our extensive FMLA experience to work for you.

Understanding Family and Medical Leave Laws

According to the Family and Medical Leave Act (FMLA), employees who are eligible for these benefits through covered employers qualify for job-protected leave. Not only does this allow them to take up to 12 weeks off for qualifying reasons, but it also allows them to keep group health benefits. Qualifying reasons for taking leave include:

• You have a child, or need time to care for a newborn child, within a year of their birth
• An adopted or foster child is placed with you, and you need to care for them within one year of the placement 
• Your spouse, child, or parent has a serious health condition and requires you to provide care for them
• A serious health condition has made you unable to perform the functions of your job
• A qualifying exigency occurs because your spouse, child, or parent is a covered military member on active duty or subject to being called up for it.

All these instances can be life-changing, so it’s important that employees get the time they’re entitled to. If you have been pressured or punished for taking time you needed for qualifying reasons, contact our law firm and let us review your case to determine if you have grounds for an FMLA case.

How Might an Employer Retaliate Against a Worker for Taking Leave?

Sometimes employers are so focused on the workplace, they lose sight of their legal responsibilities to honor an employee’s right to take leave per FMLA laws. California Labor Code 1102.5 provides broad protection against retaliation for asserting legal rights. An employer could make several moves to retaliate against an employee, including:

• Denying eligibility. Many companies try to debate whether a person is eligible to take leave. They may cite employee classification, time employed, or other factors to try to convince you that you are not entitled to take leave.
• Pressure and guilt. Some companies acknowledge their employees have a right to take leave, but may try to put unfair pressure on you to continue working due to deadlines or other pressing matters within the company.
• Punishment and mistreatment. When an employee does elect to take leave, an employer may retaliate. This could involve general rude treatment, reduced consideration for promotions, or even cuts to current hours, pay, and benefits.

A Richmond FMLA attorney can help you take a stand if you believe that you were treated unfairly. FMLA laws exist because the qualifying issues they cover are important – we can treat your case with the same level of importance so you can protect your rights as an employee without sacrificing your health or your job stability. 

Why Taking Leave Is Important for California Residents

In 2023, there were about 10.2 births in California per 1,000 people. Given Richmond’s population is about 115,000, there are many instances within the city each year where a person may need to take leave to welcome a child. 

California also has the most military bases in the country, at 34. Richmond has nearby bases like Travis Air Force Base, Coast Guard Base Alameda, and Military Ocean Terminal Concord, meaning the state’s service members may be on call, resulting in the need for their families to take leave accordingly. 

If births, qualifying family issues, or health problems have caused you to face employer retaliation, hire an FMLA lawyer from our firm to defend you.