California and federal employment laws give an employee the right to a leave of absence from work under certain conditions. When an employee properly requests time away from work in accordance with the appropriate law, the employee may not be terminated, harassed or discriminated against for taking a leave of absence.
If you have suffered an adverse action at work based upon FMLA leave or another leave of absence, contact Advantage Law Group to arrange your free consultation.
A leave of absence from work may be protected in these and other instances:
- Medical conditions (physical or mental)
- FMLA leave (for yourself or family member)
- Participation in child's school activities
- Jury duty
- Sick leave to care for a child
- Pregnancy/maternity leave
- Adoption of a child
- Military service
- Volunteer firefighter service
If your leave of absence from work is properly requested pursuant to state or federal law, you cannot be terminated as a result. Your employer may not deny a request for leave which is mandated by law provided your request is timely made and in proper form. Generally you have the right to return to your position if your leave is granted and after it is complete you come back in a timely fashion in accordance with applicable laws governing the appropriate leave period.
Understanding FMLA Leave
The Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are laws offering protection to people needing to take extended time off from work for medical reasons or family situations. Conditions that may require an employee to use FMLA or CFRA time include pregnancy, birth of a child, adoption of a child, caring for an ailing family member and your own mental or physical illness. If you qualify for FMCA or CFRA leave (not all employees do qualify), your employer is prohibited from engaging in discriminatory or adverse actions as a result of your properly requested or granted leave of absence.
California Employees: Leave Assistance Services
Advantage Law Group serves the legal needs of employees throughout California. We specialize in employment law and handle all leave-related matters, including:
- Assistance requesting leave
- Communications with employers regarding leave issues
- Filing of lawsuits on behalf of employees treated unfairly because they took a leave
To speak with a lawyer about a leave of absence or FMLA leave, call Advantage Law Group at 800-865-2593 to schedule an appointment at any of our three office locations in San Diego, Orange County, or the Bay Area.