Employee Rights: Leave of Absence
An employee has a right to a leave of absence from work under certain conditions, as provided by California and federal employment laws. When an employee properly requests leave in accordance with the appropriate law, the employee may not be terminated, harassed, or discriminated against for taking a leave of absence.
A leave of absence from work may be protected in these and other instances:
- Medical conditions (physical or mental)
- FMLA leave (for self or family member)
- Picking up a child from school
- Jury duty
- Sick leave to care for a child
- Pregnancy/maternity leave
- Adoption of a child
- Bereavement
- Military service
- Volunteer firefighter service
If your leave of absence from work is properly requested pursuant to state or federal law, you may not be terminated. Your employer may not deny a request for leave which is mandated by law if your request is timely made and in proper form. As a general rule, you have a right to reinstatement if your leave is granted and you return to work in a timely fashion in accordance with applicable laws governing the appropriate leave period.
California Employees: Leave Assistance Services
Advantage Law Group serves the legal needs of employees throughout California. We handle all leave related matters, including:
- Assistance requesting leave
- Communications with employers regarding leave issues
- Filing of lawsuits on behalf of employees treated unfairly
If you have any leave related issue and need help, we encourage you to contact our firm for assistance.
Contact Us
To speak with a lawyer about a leave of absence, call (866) 406-3204 to schedule an appointment at any of our four office locations in San Diego, San Jose, Orange County, or the Bay area. To contact an attorney online, contact us by e-mail.
