Many
employers do not understand the law when it comes to employee
medical leaves of absence. If your employer denies your
request to go on a leave of absence, retaliates against you
for taking leave of absence from work, or fires you for
taking a
VIDEO
There are many different kinds of employee leaves in Los
Angeles California. Here are some examples and or reason for
hiring a Leave of Absence Lawyer:
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
than FMLA. The CFRA and FMLA do not protect all employees. In
order to fall under the CFRA or FMLA your employer must have
more than 50 employees, you must have been employed 1,250 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.
In a perfect workplace, leaves of absence from work should
be applied for in writing and all requests pertaining to
leaves of absence should be in writing. The employer should
talk to the employee about what type of leave of absence is
most appropriate, or whether there are multiple leaves of
absence allowed under the law for the particular situation of
the employee. Employees should also be as specific as
possible about what their medical condition is, what their
doctor suggests, and what the employee requests from their
employer in asking for a leave of absence. This does not
always occur, and that is one of the reasons why California
lawsuits over medical leaves of absence are filed.
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 has retaliated against you
for taking leave, you may be entitled to compensation.
Contact our California labor law firm to discuss your case,
your options, and whether you qualify for a leave of absence
under the FMLA or whether there is a legal exception. In
Southern California, we have offices in Sherman Oaks,
downtown Los Angeles, Gardena, Tustin, Riverside, and Oxnard.
We handle cases in all parts of California, and I am one of
the attorneys on every case in our firm.
How Much Leave Can I Take From Work?
If you are eligible, the
law generally allows you to take up to 12 weeks of unpaid
leave from work (consecutive or nonconsecutive) in a 12-month
period for a serious medical condition for yourself and a
limited list of family members under CFRA/FMLA. If you are
disabled, you may be able to take a longer leave of absence
from work. 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 a
leave of absence attorney can advise you whether these
restrictions qualify for a particular leave of absence from
work. Alternatively, your employer may have a duty to provide
reasonable accommodations for your medical restrictions.
The length of time for maternity leave varies between four
months and seven months. For maternity leaves in excess of
four months a female employee must be eligible for a Family
Medical Leave Act leave of absence, or suffer from a
disability that justified a maternity leave of longer than
four months. Paternity leaves of absence are
complicated and legally disputed leaves of absence you must
consult with one of our California leave of absence lawyers
on at
1-877-525-0700.
What Is a Serious Health Condition? What
constitutes a serious health condition and what leave
protections from work may exist is a complicated inquiry for
which you should consult a leave of absence attorney.
Contact Our California Family and
Medical Leave Act Lawyers at 1-877-525-0700
Don't be caught in a bind assuming only one leave of
absense law applies in California. Consult a Labor Attorney
as to what workplace leave laws apply.
Many employers are confused over the overlapping laws that
may apply to an employee’s leave of absence from work. For
example, in California your right to take certain types of
leaves of absence may be protected by the Federal Family and
Medical Leave Act, the California Family Rights Act,
pregnancy laws, and disability laws. Since your company’s
human resources department may not be adequately trained, it
is best to consult an experienced employment law attorney to
determine your rights under the law. However, if you are
still employed we strongly recommend you consult with your
human resource department about how to take a leave of
absence at your particular job, and what is considered a
leave of absence at your particular employer. If your
employer’s leave of absence policies
contradict California or Federal law we would like to
speak to you.
LEAVE OF ABSENCE CASE RESULTS:
MYLES V. WELL POINT
CASE
$182,500 for Termination of Employment While
a California employee was on a Cancer/Disability
Leave
$160,000 Settlement for Failure to Allow Both
Pregnancy
and FMLA Leave of a San Fernando Valley
Woman
$150,000 Settlement for Failure to Allow Time
off For a Torrance Man’s Surgery Connected to a
Disability
$150,000 Settlement for Failure to Allow a
Leave of Absence for a San Fernando Valley Man Suffering
From Depression
To speak to a California Family Rights Act lawyer, call
1-877-525-0700 toll free. We handle all
cases on a contingency fee basis with no upfront costs. Se
habla español. Our Employee Law firm has handled hundreds
of cases for employees whose legal rights were violated due
to a leave of absence from work, or their medical
condition. We look forward to helping you if you have
workplace dispute, especially about a medical leave of
absence.