Protected Leaves of Absence in California

Are You Eligible for A Medical leave of Absence?

There are certain circumstances that are beyond our control that may result in leaving work for an extended amount of time.

Both federal and state laws guarantee a leave of absence to employees, and it is the responsibility of employers to reinstate them to a job of similar standing and pay upon their return to work. It's important to understand your rights to a leave of absence from work as an employee in California.

Have questions regarding your leave of absence rights? Reach out to Polaris Law Group by calling (888) 796-4010 or contact us online for a complimentary consultation.

How Long Can You Take Off Work with a Leave of Absence?

In California, according to the Family and Medical Leave Act (FMLA) of 1993, eligible employees are allowed up to 12 weeks per year of paid or unpaid leave from work for specific medical reasons.

The California Family Rights Act provides similar leave protections, and other state laws provides additional protections for:

• Pregnant workers
• New parents
• Military families
• And domestic violence victims

How Does Leave of Absence Work?

Understanding how a leave of absence works is essential for employees in California who may need time away from work due to personal, medical, or family reasons. A leave of absence can be legally protected under federal or state laws, depending on the circumstances, ensuring that employees retain certain rights during their time away from the workplace.

In California, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are two primary laws that protect an employee’s right to take a leave of absence. During this leave, an employer is required to maintain the employee’s group health benefits and must reinstate the employee to their previous or an equivalent position upon their return.

Other forms of leave, such as pregnancy disability leave, disability leave, and leave for military service, may also be available under specific laws. California law is especially employee-focused, often providing broader protections than federal statutes.

Employees requesting a leave of absence should notify their employer as soon as possible and, when required, provide necessary documentation, such as medical certification. Employers cannot retaliate against employees for taking a lawful leave. Those experiencing challenges with their employer related to a leave of absence may benefit from legal advice to ensure their rights are protected.

Who is Eligible for a Protected Leave of Absence?

There are qualifications for being eligible for a medical or family leave of absence under the FMLA.

An employee is qualified for medical leave if:

• The employee has been working for the employer for at least 12 months on the date their leave is set to start
• The employee has worked at least 1,250 hours during the past 12-month period before the date their leave is set to start
• The employer has 50 or more employees within a 75-mile radius

The California Family Rights Act (CFRA) differs in that it does not have the 75-mile radius requirement for employees.

What Are Acceptable Reasons for Leave of Absence?

Not all medical situations are applicable or covered by the FMLA.

Acceptable reasons for medical leave include the following:

• Being unable to work due to serious health issues, including pregnancy complications
• To care for an immediate family member with a serious health condition
• The birth of a child, or adoption or foster care placement of child

The FMLA defines immediate family members as:

• A child
• A parent
• Or spouse of the employee

The CFRA extends this definition to include domestic partners and parents-in-law.

Is Your Employer Violating Your Rights Under the FMLA?

Many employers fail to understand the law in regard to employee medical leaves of absence. If you have correctly followed the conditions of your leave by providing proper notice or you are facing an urgent situation, your rights should be protected.

Examples of FMLA Violations include:

• Failure to allow a protected leave of absence
• Failure to recognize serious health conditions that qualify for FMLA leave
• Failure to properly inform workers of their rights
• Failure to reinstate equivalent employment or benefits upon return to work
• Counting FMLA absences against an employee and disciplining the employee as a result
• Having unreasonable requirements for notice of FMLA leave
• Harassing employees taking a protected leave of absence to pressure them to return sooner
• Pregnancy discrimination involving maternity leave
• Wrongful termination during or following a leave of absence

Put 25+ Years of Experience On Your Side!

Employers typically assume employees won’t fight back after their rights have been violated. Attorney Bill Marder has more than 25 years of legal experience, and his successful track record includes millions of dollars in compensation for employment discrimination.

Don’t let your employer disrupt your life; contact Polaris Law Group at (888) 796-4010 or online for complimentary consultation.