Leaves of AbsenceCalifornia and federal employment laws give an employee the right to a leave of absence
Leaves Of Absence
California and federal employment laws collectively provide employees with the right to request and take a leave of absence from work for a variety of good reasons. When an employee properly requests time off from work in accordance with a legally recognized leave, the employer may not discriminate against, harass or retaliate against the employee because of the employee’s request for a legally recognized leave of absence.
If you have suffered discrimination, harassment or retaliation action at work based upon your legitimate request for Family Medical Leave, or, another type of legally recognized leave of absence, contact Advantage Law Group to obtain a free consultation to explore your rights.
A leave of absence from work may be protected in these and other instances:
- Serious medical conditions (physical or mental for you or your family member)
- Disabilities (physical or mental for you or your family member)
- Participation in child’s school activities
- Jury duty
- Sick leave (for you or your family member)
- Pregnancy/maternity leave
- Adoption of a child
- Military service
- Volunteer firefighter service
Your employer may not deny your request for leave that is allowed by law. In most cases, if your request is timely made and in proper form, your employer must accommodate your request. Generally, you have the right to return to your position or a substantially similar position if your leave is allowed and your leave is completed within the time allowed by law.
Understanding FMLA Leave
The Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are laws offering protection to employees needing to take extended time off from work for their own serious medical conditions or those of family members. Conditions that may require an employee to request FMLA or CFRA leave include pregnancy, birth of a child, adoption of a child, caring for an ailing family member or a serious mental or physical condition that prevents you from working. In those cases, you may qualify for FMLA or CFRA leave. Your employer is prohibited from engaging in discriminatory, retaliatory or harassing actions as a result of your need for a protected leave of absence from work.
California Employees: Leave Assistance Services
Advantage Law Group serves the legal needs of employees throughout California. We specialize in employment law and can help you if your employer unreasonably denies your request for leave or your employer engages in conduct that interferes with your leave. The type of help we can provide includes:
- Assistance requesting leave
- Communications with employers regarding leave issues
- Filing of lawsuits on behalf of employees who are illegally denied leave
To speak with a lawyer about your rights with regard to Family Medical Leave or other legally recognized leave of absence from work, call Advantage Law Group at 800-865-2593 to schedule an appointment for a free consultation at any of our three office locations in San Diego, Orange County, or the Bay Area.
Why choose us? We measure our success based on the results we get our clients.
Our attorneys have more than 70 years of combined experience representing workers throughout California.
We Work With You
Our attorneys will work closely with you to evaluate your work situation and advise you on your legal options.
We Support You
Our attorneys act as a support system, providing legal and practical guidance to clients on a wide range of issues.
We Have Faced Diversity
our firm has handled complex employment issues through both individual litigation and class action suits.
We Get Results
We have seen your issue before and we know how to develop sound legal strategies that get results..
Work Directly With Us
We are a boutique firm. When you work with us, you work directly with one of our partnering attorneys.