Leaves of AbsenceCalifornia and federal employment laws give an employee the right to a leave of absence
Legal Leaves Of Absence – A Right for Orange County Employees
As an employee in the state of California, you are entitled to rights that protect you from being terminated or harassed for taking legal leaves of absence. If you have properly requested time off of work for reasons such as Family Medical Leave, jury duty, military service, or a variety of legally protected absences, and your employer has discriminated or retaliated against you because of it, Orange County Law Group can help restore your rights.
Requiring time off of work for legally recognized reasons is a right protected by the state of California and the Federal Government. Employers are prohibited from terminating workers or discriminating against employees because of their requests for a legal leave of absence. If you have lost your job or have experienced harassment because of your leave of absence request, Orange County Law Group will provide you with a free legal consultation to review all of the options available to you.
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
It is illegal for your employer to deny a time off request that is protected by California or Federal law. If you have made your request in a timely manner, followed the company guidelines, your employer cannot refuse or otherwise deny your request for a legal leave of absence. If your leave is completed in time law requires that employers either reinstate you to your original position or provide a job role substantially similar to your previous position.
Employee Rights & FMLA Leave
FMLA leave is the term used when an employee requests time off for reasons protected by federal government. The state of California offers similar worker right’s protection under the California Family Rights Act (CFRA). Both of these acts prohibit employers from discriminating or retaliating against employees who request this time off for either their own conditions or medical conditions of their family members. To ensure that you and your job are protected when requesting an extended leave of absence, you must request FMLA or CFRA leave specifically. Conditions to request an FMLA or CFRA leave include the birth or adoption of a child, pregnancy, leave to care for a sick family member, or serious mental or physical conditions which prohibit you from working. If your reason for requesting time off fall under the reasons listed above, then your employer cannot terminate or retaliate against you for requesting such a leave.
FMLA & CFRA Leave Assistance
Orange County Law Group has successfully negotiated and litigated thousands of workplace FMLA leave disputes. Our knowledge and background in California employment law enables us to offer resolution to employees who face unlawful FMLA Leave denials. Let Orange County Law Group represent you in your case against employers that interfere with or prohibit your lawful work leave. We can help you throughout each step of the case process, including assistance with:
- Requesting FMLA or CFRA Leave
- Negotiating and communicating leave terms with employers
- Filing lawsuits against employers who deny lawful medical leave
Speak with one of our partner attorneys today if your lawful medical leave request has been denied. We will work with you to ensure you fully understand your rights as an employee and your rights regarding FMLA and CFRA leave. Call Orange County Law Group at 800-507-9470 for your free legal consultation.
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