Many employers don’t understand the law when it comes to employee leaves. If your employer denies your request to go on leave or retaliates against you for taking leave, you may be entitled to compensation.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. If you are having a problem with your employer on any employment issue, contact us to discuss your case and your options. In Southern California, we have offices in Sherman Oaks, Los Angeles and Oxnard. We handle cases in all parts of California and also have offices in other parts of California.
There are many different kinds of employee leaves in Sacramento California. Here are some examples and or reason for hiring a Lawyer:
- Sick leave (To care for certain family members who have a serious health condition)
- Pregnancy leave (For the birth, adoption or foster care placement of a child)
- Maternity or paternity leave to care for a newly born or adopted child
- Medical leave to care for yourself or a family member
- Disability leave
- Military leave
- Leave for jury duty
- Workers compensation leave due to work-related injury
Protecting Your Right to Take Family or Medical Leave in California
If you need to take time off from work to recover from a serious health condition or to care for a family member who has a serious health condition, you may be protected by a law known as the Family Medical Leave Act (FMLA). The California Family Rights Act is a California law that provides similar, but better, protection. The CFRA and FMLA do not protect all employees. In order to fall under the CFRA or FMLA your employer must have more than so employees, you must have been employed 1250 or more hours during the year before your new leave and not have taken more than 12 weeks of CFRA/FMLA during the last year.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. If your employer has denied your right to take FMLA leave or had retaliated against you for taking leave, you may be entitled to compensation. Contact us to discuss your case, your options, and whether you qualify for leave under the FMLA or whether there is a legal exception. In Southern California, we have offices in Sherman Oaks, Los Angeles and Oxnard. We handle cases in all parts of California.How Much Leave Can I Take?
If you are eligible, the law generally allows you to take up to 12 weeks of unpaid leave (consecutive or nonconsecutive) in a 12-month period for a serious medical condition for yourself and a limited list of family members. If you are disabled, you may be able to take a longer leave. In addition, you may have medical restrictions that would apply to you upon your return to work. For example, if your job involves lifting, you may be restricted to lifting objects weighing not more than 10 pounds. Only an attorney can advise you whether these restrictions qualify for a particular leave.Many employers do not understand California leave law and end up violating the rights of their employees.
- What Is a Serious Health Condition?
- What constitutes a serious health condition and what leave protections may exist is a complicated inquiry for which you should consult an attorney.
Many employers are confused over the overlapping laws that may apply to an employee’s leave. For example, in California your right to take certain types of leave may be protected by the Federal Family and Medical Leave Act and the California Family Rights Act. Since your company’s human resources department may not be adequately trained, it’s best to consult an experienced employment law attorney to determine your rights under the law.To speak to a California Family Rights Act lawyer, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla Español.