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:
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
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
- 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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