Skip to Content
Northern California Employment Law Attorneys

Sacramento FMLA Lawyer

California Workers Benefit from the Family and Medical Leave Act

In 1993, the Family and Medical Leave Act (FMLA) went into effect. Upon being implemented, certain employees who worked for covered employers were able to take several weeks of unpaid leave to attend to personal or family illnesses or certain other circumstances without having to worry that their jobs were at risk. Upon the conclusion of the illness or situation, the employee would be able to return to work at his or her previous position and rate of pay.

FMLA is one of the most important federal employment laws in terms of the protections it offers to workers. However, not every employee is able to take advantage of FMLA.

Who Does FMLA Benefit?

Only certain employees who work for covered employers are able to take advantage of FMLA. Both of these groups are defined by FMLA.

In particular, a “covered employer” is one who:

  • Is in the private sector and has 50 or more workers employed for at least 20 work weeks out of the previous year;
  • Is a public agency or entity (no matter how few employees it has); or
  • A public or private grade or secondary school (no matter how few employees it has).

This, however, is only the first step in determining if you can take advantage of FMLA.

You yourself must also meet certain eligibility requirements, including:

  • Being employed by a qualifying employer;
  • Having worked for the employer for at least 12 months (the 12 months do not have to be continuous);
  • Having worked 1,250 hours or more during the 12 months immediately preceding your requested leave; and
  • Working for an employer who has at least 50 employees in a 75-mile radius.

If you and your employer meet these requirements, you may be able to take advantage of the FMLA’s benefits and protections.

What Benefits Does the FMLA Provide?

The FMLA entitles you to take up to 12 weeks off during a 12-month period for certain enumerated reasons. The 12 weeks of leave is generally unpaid. In addition, you may have to use any paid sick or vacation leave you have accumulated with your employer to offset the leave requested under FLMA.

FLMA authorizes leave:

  • After the birth of your child or placement of a child with you for adoption or foster care;
  • To provide care to a family member – a spouse, a son or daughter, or a parent – who is suffering from a serious health condition;
  • To recover from a serious health condition you are presently suffering from and that interferes with your performance of your job’s essential duties;
  • To address any situation related to a family member’s call to active duty military service or who is presently on active duty military service.

You are also eligible to take up to 26 weeks of unpaid leave during a 12-month period to provide care for a family member who is a seriously injured military member.

How Do I Take Advantage of FMLA?

If you know you will be needing to take leave under FMLA, you should plan on giving your employer at least 30 days notice. If you have taken FMLA leave before, you may be required to specifically state that you are requesting FMLA leave and give the reason for the requested leave. If your situation is an emergency, you ought to give your employer as much advance notification as possible.

Contact the Law Offices of Gay Carroll-Haring at 916-443-3553 and learn what rights and remedies you may be able to take advantage of.

  • Our Clients Mean The World To Us

    Discover testimonials from our satisfied clients regarding their experiences with our firm.

  • We Have Never Lost a Trial

    Through commitment and skill we work hard and get the information needed to win your trial.

  • Our Clients Deserve the Best

    Fill out our consultation form to connect with our caring attorneys and schedule your initial phone conversation.

You Deserve The Best

Contact Us Tody

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • "A Reliable Authority in the Legal Field!"
    Her wealth of knowledge and tech-savvy approach makes her an invaluable asset in our industry.
    Rebecca Falcon Cedillo, LMS Administrator
    McKinney, TX
  • "Such a Pleasure and Positive Energy"
    Gay has so much relaxed positive energy and knowledge you know you have found the best attorney possible.
    Former Client
  • "Outstanding legal support"
    She helped to interpret the actions of my senior management so that I could develop and implement a reaction plan.
    Former Client
  • "Nice to have Gay and her team in my corner!"
    She was realistic about expectations, she kept me informed throughout the process
  • "Excellent Representation"
    Ms. Carroll had my best interest at heart and presented a strong case
  • "Gay Lynne Carroll is #1 in my book!"
    She presents the facts of your case in an understandable manner
    Matthew, a Employment Client
  • "Ready To Go!"
    Mrs.Carroll-Haring was very upfront, ready to begin work, and on task.
    Employment Client
  • "Excellent Counsel Great Value!"
    Gay is a knowledgeable expert and quickly gave me the peace of mind that my issue was well in hand.
    Mike, Employment Client