Employee Leave Issues Attorney in Sherman Oaks, California
Employees give a lot of their time, effort, and health to their employers. Dedicating so much yourself sometimes requires a break. Life happens. Health issues, child care, or even military commitments are valid reasons for seeking a leave of absence from your job. Sometimes, though, your employer will try to punish you for asking for such accommodations, and you’re left with extra stress. However, it’s important to know that such action is against the law.
At The Sweeney Law Firm, APC, we advocate strongly for employees in these situations. We can seek ways to help you if you are having a problem with your employer on any employment leave issue. From our office in Sherman Oaks, California, The Sweeney Law Firm, APC serves clients throughout the entire San Fernando Valley, Northridge, and Van Nuys. Our firm prides itself on its personal approach to each client, our attention to detail, and our availability to each client’s needs.
Family and Medical Leave Act (FMLA)
Some of the most common reasons for leave are protected under the Family and Medical Leave Act (FMLA). The FMLA allows employees to take a total of 12 weeks off in a 12-month period for several qualifying reasons, some of which include:
The employee or employee’s family members with a serious health condition
The employee caring for a new birth, newly adopted, or fostered child
The employee’s family member has a situation related to military leave
To be eligible for FMLA coverage, a person must be employed by an employer for at least one year and must have worked at least 1,250 hours. The FMLA applies to all private-sector with 50 or more employees within a 75-mile radius. You are not required to sign a waiver or medical release upon leaving; however, it’s important to note that if requested by your employer, you may need to show medical documentation signed by a doctor.
Employees who also have military commitments are protected from employment discrimination under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA is a federal law that protects military service members from workplace discrimination based on an employee's military service, which can include firing, failing to hire, or denying any other workplace benefit to them.
Usually, an employee needs to give advanced notice of their leave, since preparing for active duty, training, and deployment are rarely given without notice. But in any of those circumstances, employees serving the military in any branch are protected.
USERRA also protects employees from discrimination or retaliation on the part of the employer relating to the employee’s military service.
California Employment Law
There are many different kinds of leaves of absence California employees can utilize, including:
Maternity or paternity leave to care for a newly born or adopted child
Medical leave to care for yourself or a family member
Volunteer firefighter / reserve police officer / emergency rescue personnel service
Alcohol and drug rehabilitation
Activities attributable to being a victim of domestic violence
Activities attributable to being a crime victim
Organ and bone marrow donation
Leave due to sexual assault
Leave due to domestic violence
Workers’ compensation leave due to work-related injury
More specifically, California employees have additional leave protection under the California Family Rights Act (CFRA). The CFRA is very similar to the FMLA, but there are key differences, including serious health conditions for both the employee and the employee’s family member, adoption, bonding with a new baby, or foster care.
There are a few requirements for CFRA leave, including:
More than 1,250 hours with the company during the previous year (more specifically, the previous 12 months)
Having worked for over a year
Having been a full-time or part-time worker
To answer any questions about how it can employee leave can apply to you, contact a dedicated attorney, ready to serve you today.
Employee Leave Issues Attorney Serving Sherman Oaks, CA
No employee should have to fear for their job just for taking a legally protected leave of absence. At The Sweeney Law Firm, APC, we fight hard to protect the rights of California workers to take time off of work. Contact us today to schedule a consultation with an experienced employment law attorney.