San Bernardino FMLA Lawyer

FMLA Attorney In San Bernardino, CA

From pregnancy leave to taking time off to care for a sick spouse, the Family and Medical Leave Act (FMLA) allows employees in qualifying situations to take protected time away from work. Despite these legal protections, some employers retaliate against employees for exercising their rights and or refuse to grant them leave. If your boss is punishing you for taking medical leave or refuses to give you leave in the first place, a San Bernardino FMLA lawyer can advocate for you.

​What Is the Family and Medical Leave Act?​

The Family and Medical Leave Act (FMLA) is a federal law that not only gives California employees the right to request leave in certain circumstances, but it also provides them with job security when they take that leave. This law guarantees employees 12 weeks of unpaid leave over a 12-month work period.​

It’s important to note that not every employee qualifies for FMLA, and not all medical conditions are covered. If you’re unsure if you have a valid reason to request leave, you should consult a skilled San Bernardino FMLA attorney, like Esperanza Anderson, today.

​Eligibility for FMLA​

Not all San Bernardino employees are eligible for FMLA. In 2018, only 56% of U.S. workers qualified for FMLA. Additionally, employers with fewer than 50 employees within 75 miles of the worksite are not required to offer protected leave. An employee must have at least 1,250 work hours at their current employer to be eligible to take leave.​

FMLA does not guarantee leave for all medical conditions. The following are scenarios covered by FMLA for San Bernardino employees:

• A spouse, parent, child, or family member with a medical condition requires ongoing care
• The birth of a child
• Adoption
• The employee has a serious medical condition that requires ongoing care

Common Violations of FMLA Rights in San Bernardino

​In 2024, the Department of Labor’s Wage and Hour Division found 349 compliance violations nationwide. FMLA violations can take many forms. While termination is among the most obvious and common forms, others include the following:

• ​Harassing or disciplining an employee for taking leave
• Excessive contact during leave
• Demotion or lowering an employee’s salary
• Deliberately misclassifying an employee as essential to operations, forcing them to return
• Delaying reinstatement
• Pressuring an employee to return early
• Refusing to grant an employee leave when they are eligible

How Esperanza Anderson Can Help

With over 25 years of experience, you can trust Esperanza Anderson to be your advocate as you file your San Bernardino FMLA case. Our team understands how difficult it can be to navigate a complex legal framework while caring for yourself or a loved one. Esperanza Anderson leverages her negotiation skills, extensive employment law experience, and passion for justice to ensure each of our clients achieves the legal outcome they deserve.

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Call Us Today(626) 219-6773

Hire an FMLA Lawyer in San Bernardino Today

​Whether your employer refuses to give you the leave you’re eligible for or you were fired after requesting FMLA leave in San Bernardino, it’s crucial that you fight for your rights and the legal time off that you deserve. These cases are difficult to prove, and FMLA laws can be complicated to understand. Contact Esperanza Anderson today to schedule a consultation and learn more about how she can fight for you. We’re proud to offer services in both English and Spanish.