Protecting Your Right to Take Leave in California
Many employers don't understand the law when it comes to employee leaves. If your employer denies your request to go on leave or retaliates against you for taking leave, you may be entitled to compensation.
Types of Leave in CaliforniaThere are many different kinds of employee leaves in California. Here are some examples:
Many employers are confused over the overlapping laws that may apply to an employee's leave. For example, in California your right to take certain types of leave may be protected by the Federal Family and Medical Leave Act and the California Family Rights Act. Since your company's human resources department may not be adequately trained, it's best to consult an experienced employment law attorney to determine your rights under the law.
If you are eligible for leave, the law protects you from adverse employer actions for exercising your right to take leave. Examples of adverse employer actions include firing you, demoting you, not promoting you, or transferring you to a less-desirable location or shift.
Contact a Rancho Cucamonga labor attorney to see if you might have a case, call Employment Lawyers Group - San Bernardino at 909-663-2100 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla Español.
If you need to take time off from work to recover from a serious health condition or to care for a family member who has a serious health condition, you are protected by a law known as the Family Medical Leave Act (FMLA). The California Family Rights Act is a California law that provides similar, but better, protection.
How Much Leave Can I Take?
If you are eligible, the law generally allows you to take up to 12 weeks of unpaid leave (consecutive or nonconsecutive) in a 12-month period for a serious medical condition for yourself and a limited list of family members. If you are disabled, you may be able to take a longer leave. In addition, you may have medical restrictions that would apply to you upon your return to work. For example, if your job involves lifting, you may be restricted to lifting objects weighing not more than 10 pounds. Only an attorney can advise you whether these restrictions qualify for a particular leave.
Many employers do not understand the law and end up violating the rights of their employees.
What Is a Serious Health Condition?
What constitutes a serious health condition and what leave protections may exist is a complicated inquiry for which you should consult an attorney.
If you need to take time off from work to provide the direct care for certain family members or to recover from a serious health condition, you may be protected by a law known as the California Family Rights Act (CFRA). The Family and Medical Leave Act is a federal law that provides similar protection.
If you have worked 1,250 hours for an employer with 5 or more employees in a 75-mile radius, the California Family Rights Act allows you to take up to 12 weeks of unpaid leave each year for the following reasons:
Your employer is required to maintain and pay for your group medical coverage while you are on leave.
In California, you have the right to a leave of absence. If you are dealing with an employer who refuses this time, we can help. We are your San Bernardino Employment Lawyers serving: Apple Valley, Chino, Chino Hills, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Victorville.
Contact a San Bernardino CFRA Attorney today. To speak to an Ontario Family Rights Act lawyer, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.