When you get sick and need to take time off from work, or if you need to take a leave as a result of a pregnancy or a disability, are there certain laws that protect employees’ jobs and allow them to take leaves of absence? In short, there are both federal laws and California state laws in place that ensure an employee, under certain circumstances, cannot lose her job as a result of taking particular types of leaves of absence.
If you are an employer with questions about how to handle employee requests for leaves of absence, or if you are an employee who is seeking a leave of absence and have been denied by your employer, you should speak with a California employment discrimination lawyer about your options.
Our firm handles many different questions for employers and employees in California concerning leaves of absence, including but not limited to:
Generally speaking, there are three federal laws under which an employee can request a leave of absence:
As with other laws prohibiting certain types of discrimination and harassment, California has greater protections in place for employees than does federal law. The following is a selected list of types of leave that may be available to California employees under state law:
The California Family Rights Act (CFRA) provides numerous rights to employees concerning leaves of absence. The CFRA includes registered domestic partners as serious family members in the event an employee needs to take a leave of absence to provide care for a serious health condition.
Employees generally cannot take FMLA leave for a particular reason like a serious illness and then follow it up with additional leave through the CFRA, for example. Instead, when an employee’s leave qualifies for both a federal and state law leave, the leave time will need to run concurrently.
If you have questions about workplace leaves of absence, you should speak with an employment law attorney in California as soon as possible. Contact Valiant Law to learn more.
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