Leave of Absence
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) protect employees’ rights to take leave for family and medical reasons without risking their jobs. These laws apply to both full-time and part-time employees who meet specific eligibility criteria, including having worked for their employer for more than 12 months and at least 1,250 hours in the 12-month period prior to the leave.
Eligible employees are typically entitled to 12 weeks of job-protected leave, which can be used for caring for oneself or a family member, pregnancy disability, maternity/paternity leave, military service, or jury duty. While this leave is often unpaid, employees can use accrued paid time off during their leave period.
Employers are required to provide the same or a similar position upon an employee’s return from leave. Violations of these acts can include denying valid leave requests, terminating or demoting employees who take leave, changing an employee’s role after their return, harassment or retaliation for taking leave, and failing to continue health insurance benefits during the leave period.
Intermittent FMLA leave is also available, allowing employees to take their leave in smaller chunks rather than all at once, providing flexibility for ongoing medical treatments or family care needs.
If you or someone you know was denied or retaliated against for taking a leave of absence, contact us immediately.
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