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Examining FMLA Entitlements

Outside of perhaps a pregnancy, you cannot anticipate experiencing health issues that require you to involve yourself in extensive recuperative therapy (either your own or that of a family member). If and when such a need arises, your immediate fear will likely be what the impact might be on your career.

You may understand your employer’s reluctance to see you leave your job for an extended period of time. Many come to us here at Manfred, APC fearing that reluctance will prompt their employers to fire them. You may share the same concern, yet not to worry; federal regulations offer you all certain employment protections.

Situations covered under FMLA

The Family and Medical Leave Act mandates that you be able to take time away from work for treatment for (and to recover from) medical conditions. According to the U.S. Department of Labor, FMLA-covered situations include:

  • Giving birth and caring for a newborn
  • Helping a newly adopted child acclimate to their new situation
  • Receiving care for a medical condition that impacts your on-the-job performance
  • Caring for an immediate family member suffering from a serious medical condition
  • Helping prepare an immediate family member for a pending deployment through the U.S. National Guard or Reserves

In each of the aforementioned scenarios, the allows you 12 weeks away from work during a 12-month period. That mandated time away extends to 26 weeks to care for an immediate family member that is a covered military servicemember

Employment protections during FMLA leave

Your employers must return you to your same position (or one with similar responsibilities, reimbursement and benefits) upon your return from FMLA leave. If it does not (and other coworkers also encounter difficulties due to medical leave), you may have cause for a class action. You can learn more about your rights under FMLA by continuing to explore our site.




Based in San Diego, California, Manfred has continuously advocated on behalf of a broad and wide-ranging community of plaintiffs and class members over his entire legal career spanning nearly two decades. Manfred has successfully represented plaintiffs in a wide array of complex class action matt…