Premier Leaves of Absence and Other Workplace Accommodations Attorneys
At E&L, LLP, our employment law attorneys understand that when employees must take time away from work for personal, family, or medical reasons, they should not have to worry about losing their position or the job while they are away.
In California, employees are entitled to take extended leave from work, whether it is a few days or a few months, thanks to state and federal laws that protect them in certain circumstances. The two most notable protections for our residents include the California Family Rights Act (CFRA) and the Family and Medical Leave Act of 1993 (FMLA) that provide employees with the right to take time away from work, and the protection to return in a similar capacity, if not the same position.
If you have been denied the right to take the leave of absence you are legally afforded, your employee rights may be being violated. Contact our employment law attorneys at E&L, LLP today to discuss your unique circumstances and how they may be protected under our laws, so you can get the time away you are entitled to.
What is Covered Under the Family and Medical Leave Act in California?
Both the FMLA and CFRA provide similar protections, from a federal and state standpoint, respectively.
- Both grant certain employees the right to take up to 12 weeks of leave from work for reasons related to their or a close relatives’ health.
- Both permit employees to take time off after the birth or adoption of a child to bond with the infant.
Unfortunately, FMLA and CFRA leave is not available to all employees. These protections are reserved for employees who work for an employer with 50 or more employees, and within seventy-five miles of the employee’s job site. Other eligibility factors also come into play before these protections are available to an employee. An eligible employee must have worked for their employer for a year or more years and must have completed over 1,250 hours of work within the preceding year.
Is a Reasonable Accommodation for a Disability Protected Under the Leave of Absence in California?
If an employee requires more time away from their workplace than either the FMLA or CFRA allows, they have the right to request a leave of absence as a reasonable accommodation for his or her disability.
An employer is required to provide such leave if:
- The leave is likely to allow the employee to return to work later
- The leave does not create an undue hardship for the employer
If you are unsure of what leave of absence protections are available to you or believe you are being denied the time away you are legally entitled to, contact our skilled employment law attorneys today to schedule a free consultation.
Is Pregnancy a Valid Reason to Take a Leave of Absence in California?
There are two types of protection for pregnant employees in California.
First, eligible pregnant employees who qualify for FMLA are afforded the required leave of absence during the period in which they are disabled because of pregnancy.
Next, pregnant employees in California are also entitled to take up to four months of job-protected, unpaid leave while the employee is disabled by pregnancy or childbirth if they work for an employer with five or more employees.
What are the Other Types of Employee Leaves of Absences are Available in California?
In California, different circumstances allow employee leaves of absences when the employer, the number of work hours, and the purpose are included in and covered by our state and federal laws.
Some of our California protected leaves of absences include:
- Voting Leave: Employees may take two hours of paid leave at the beginning or end of their shift to vote on election day.
- Jury Duty Leave: Employers must allow employees to participate in their civic responsibility of serving on a jury.
- Organ Donation Leave: Most California employers are required to give employees paid time off when donating bone marrow or an organ.
- School Activities Leave: Workplaces with at least 25 employees must grant employees time off to attend school activities, up to 40 hours a year, but no more than eight hours in a single calendar month.
- Military Family Leave: Most employees are eligible for time away from work to spend with a military spouse who is being deployed.
- Domestic Violence Leave: California employees who have suffered from domestic violence may take time off to obtain a protective order, judicial relief, or to attend court when they are the victim of domestic violence. Most employees may also take leave for medical treatment, counseling, and other needs related to domestic violence.
Contact Our Skilled Employment Law Attorneys for a Free Consultation Today
If you believe you have been wrongful and illegally denied a leave of absence you are entitled to by law, contact our experienced employment law attorneys at E&L, LLP today by calling (213) 213-0000 to schedule a free case evaluation and consultation.
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