FMLA & Protected Leaves

Has legal action been taken against you by your employer for practicing your right to a protected leave?

If you are an employee in California, there are a number of labor and California leave laws in place to protect you. In fact, California has even more protected leave laws than most of the country.

In addition to protected leaves that apply nationally, eligible employees in California have the right to take time off work for multiple reasons. These can include pregnancy-related disabilities, to donate an organ or bone marrow, to help sick relatives, to serve in the military, or to deal with family, medical, or personal matters.

If an employer refuses you paid or unpaid medical or sick leave due to a serious health condition of you or a family member, that employer is in direct violation of the CFRA. When this happens, you need a team of protected leave lawyers that will protect your employee rights.

What Do California’s Leave Laws Protect You From?

California’s Leave Laws protect employees from unlawful discrimination, harassment, or retaliation as a result of requesting or taking protected leave. Employees have a right to take these kinds of leaves, and employers cannot take certain actions just because you exercised that right.

Additionally, California has a special set of laws known as The California Family Rights Act (CFRA) that protects an employee’s right to paid or unpaid leave.

The California Family Rights Act allows eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave for each year they are employed by the same employer. If your employer has retaliated against you because you requested or took a medical leave of absence, you may have a case against them.

Contact our skilled California protected leave lawyers at Davtyan Law Firm today to discuss your legal options.

Types of Protected Leave in California

Employees have certain personal needs that must be considered by their employers. California Laws were developed with the needs of the employee in mind. The state of California has some of the most generous leave laws in the country, making California employees some of the most protected employees in the nation in terms of taking time off work. The typical California employer will likely have to abide by most of these laws. The following are some of the leaves available to eligible California employees under state and federal laws:

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  • Family and Medical Leave Act (FMLA)

  • California Family Rights Act (CFRA)

  • New Parent Leave Act

  • Pregnancy disability leave

  • Military Service Leave

  • School Activities and Appearance Leave

  • Victims of Domestic Abuse, Sexual Assault, and Stalking Leave

  • Crime Victims Leave

  • Jury Duty and Witness Leave

  • Voting Leave

  • Organ and Bone Marrow Donation Leave

What Is FMLA or Sick Leave?

FMLA leave is the most common type of protected leave. The Family and Medical Leave Act (FMLA) allows an employee to take protected leave for a serious health condition or the serious health condition of a family member, spouse, or domestic partner. Employees are allowed to take up to 12 weeks of medical leave for these reasons. Your employer must abide by The FMLA if their business employs at least 50 employees. If you think you have been illegally denied your rights under The Family Medical Leave Act, call an experienced attorney to discuss your case.

Laws Prohibiting Employer Discrimination & Retaliation

The most important component of California leave laws is the fact that these laws are “protected.” This means that a California employer is required to rehire eligible employees who take a medical leave or other leave of absence to their previous position or to a similar position at the end of their leave. After all, there is little point in an employee taking a “leave of absence” if they won’t be able to return to their job when the leave is over.

The term “protected” also means that employers in California cannot discriminate against, retaliate against or otherwise take negative employment action against employees who request or take a leave of absence. Unlawful discrimination or retaliatory action against an employee who takes a protected leave of action may include any of the following:

  • Wrongful termination
  • Wrongful demotion
  • Wrongful refusal to promote
  • Threats by your employer
  • Harassment
  • Intimidation by your employer
  • Coercion by your employer

Legal Remedies for Employer Leave Law Violations

Too often, California employees’ rights are violated by employers who refuse to comply with state and federal leave laws. These employees may not realize that the law provides them with legal remedies in these situations. Any eligible employee denied the right to take a leave of absence provided by law, without punishment, may have grounds to sue his or her employer.

California law prohibits employers from interfering with an employee exercising or attempting to exercise his or her protected leave rights. Examples of such protected leaves are a medical leave due to your or a family member’s serious health condition. An employee who has been denied the right to take a protected leave of absence, or punished or discriminated against for requesting or taking leave may be able to file a lawsuit for a leave law violation.

Contact Our CA Protected Leave Lawyers

If you believe you have been wrongfully terminated for taking a protected leave of absence in California, your employer is in violation of California Employment Law. If you are refused paid or unpaid leave by your employer, contact our knowledgeable California protected leave lawyers at Davtyan Law Firm as soon as possible.

Our legal team has a clear understanding of California employment law and we have extensive experience protecting the rights of California workers whose employers violate these laws.

With the help of our legal team, you may be able to file a lawsuit against your employer for a California leave law violation, to get your job back and/or recover lost wages and other monetary damages. When your employer attempts to take advantage of your employee rights to medical leave and other protected leaves, you need a team of protected leave lawyers to protect your rights.

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From Our Blog

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Leave for Victims of Domestic Abuse, Sexual Assault, & Stalking

What Is Domestic Violence Leave? As a California employee, you have a legal right to take time off work for certain qualifying family, medical and personal reasons, and this includes taking an unpaid, job-protected leave of absence to obtain or attempt to obtain relief from domestic violence, sexual assault or stalking. Unfortunately, some employers in […]

School Appearance and Activities Leave

School Appearance and Activities Leave

What Is School Appearance and Activities Leave? School appearance and activities leave laws protect the employment status of a parent or guardian when they are required to take time off of work in order to attend school events or activities. The state of California has important Protected Leave Laws in place that entitle employees who […]

Protected Leaves in California

Protected Leaves in California

What Is a Protected Leave? Protected leaves in California are defined as a period or leave of absence for family, medical, or military reasons, among other things. California has a number of labor and employment laws and regulations in place that far exceed the standards mandated at the federal level, and it is imperative that […]

Organ and Bone Marrow Donation Leave

Organ and Bone Marrow Donation Leave

What Are Organ and Bone Marrow Donation Leaves? The state of California has some of the most generous and protective leave laws in the country. Under these laws, California employees have the right to take job-protected time off work for a variety of qualifying family and medical or personal reasons, with certain limitations. For instance, […]

Voting Leave

Voting Leave

What Is Voting Leave? Voting is a fundamental right and a civic responsibility and no employee in California should be denied the right to vote by an employer who refuses to grant a protected leave of absence for such purposes. In fact, it is against the law in California for an employer to prevent an […]

New Parent Leave Act

New Parent Leave Act

What Is The New Parent Leave Act? In addition to the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), which give eligible employees the right to take protected time off work for specific qualifying family or medical reasons, the state of California has introduced the New Parent Leave Act, giving […]

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Based in California, we focus exclusively on employment law, protecting employees' rights. We handle a broad range of employment disputes including wrongful termination, harassment, discrimination, retaliation, wage and hour issues, among others.

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400 N. Brand Blvd,
Suite 700
Glendale, CA 91203

(818) 275-5799

880 East Broadway
Glendale, CA 91205

(818) 275-5799

1635 Pontius Ave,
2nd Floor
Los Angeles, CA 90025

(818) 275-5799

402 West Broadway
Suite 400
San Diego, CA 92101

(858) 956-7899

580 California St
Suite 1200
San Francisco, CA 94104

(650) 963-7187

1444 Fulton Street
Fresno, CA 93721

(559) 530-8046

500 Capitol Mall
Suite 2350
Sacramento, CA 95814

(916) 713-7268

527 Flume Street
Unit 3
Chico, CA 95928

(530) 539-1404

12242 Business Park Drive, Suite 19
Truckee, CA 96161

(530) 721-1872

4900 California Avenue
Tower B, 2nd Floor
Bakersfield, CA 93309

(661) 215-8671

473 E. Carnegie Drive
Suite 200
San Bernardino, CA 92408

(990) 787-2570

288 Pearl Street
Until 311
Monterey, CA 93940

(831) 480-9838

110 N San Joaquin St.
2nd Floor
Stockton, CA 95202

(203) 888-0271

99 South Almaden Blvd.
Suite 600
San Jose, CA 95113

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