Protected Leaves of Absence

Leave of Absence Attorney in Los Angeles

Fighting on Behalf of California Employees & Protecting Their Rights

California and federal law recognize that there are times when an employee needs to be away from work because of a serious issue in his or her life. As a result, an employee who meets certain requirements is permitted to take a leave of absence from work.

Reasons an employee may be able to take a leave of absence include:

  • Because of his or her own serious medical condition.
  • To care for his or her family member who has a serious medical condition.
  • To care for and bond with his or her newborn child, adopted child, or foster child.
  • Because of a disability or medical condition related to a female employee's pregnancy.

Following an employee's leave of absence, he or she must be permitted to return to their job or a substantially similar position. It is against the law for an employer to retaliate against an employee for taking a leave of absence that the employee was lawfully entitled to take.

If an employer refused to permit employees to take a leave of absence or interfered or discouraged them from doing so, call Malatesta Law at (424) 284-1384 immediately. If they were not given their job back when they returned from the leave of absence or they were retaliated against in other ways, call Malatesta Law immediately. The employee may be entitled to receive substantial monetary compensation for their employer's violation of the law. Malatesta Law offers a free consultation and always has time to speak with employees.

California Family Rights Act (CFRA)

When is an employee eligible to take a CFRA leave?

An employee can take a CFRA leave for one of the following reasons:

  • Because of his or her own serious health condition.
  • To bond with his or her newborn child, adopted child, or foster child.
  • To care for his or her parent, spouse, or child with a serious health condition.

Also, all of the following conditions need to be met:

  • The employee has worked for his or her employer for at least one year; and
  • The employee has worked at least 1,250 hours in the previous year; and
  • The employee works at a location where his or her employer employs 50 or more people or his or her employer employs 50 or more people within 75 miles of the employee's worksite.

How long is a CFRA leave? The CFRA provides qualified individuals up to 12 weeks of leave in a 12-month period.

Is a CFRA leave paid? No. An employer is not required to pay an employee while the employee is on a CFRA leave.

What are an employee's rights after a CFRA leave? Following an employee's return from a CFRA leave, an employee is entitled to return to his or her same job or a comparable position. A position is comparable if it is virtually identical in terms of pay, benefits, and other terms and conditions of employment to the employee's former job.

What if an employee needs additional leave for his or her serious medical condition after exhausting his or her CFRA leave? If an employee takes a CFRA leave because he or she has a serious medical condition and, after exhausting his or her CFRA leave, still needs additional time to treat or recuperate from their illness, the employee may be able to continue to remain off of work on an additional leave of absence.

Under California law, a disabled employee is entitled to a reasonable accommodation for his or her disability. Reasonable accommodation includes leave of absence. Thus, after an employee has exhausted his or her CFRA leave, but still needs additional time off of work to receive treatment for or to recuperate from a serious medical condition, the employee may be entitled to an additional leave of absence as a reasonable accommodation for their condition.

Call Malatesta Law Today

If requirements are met for a CFRA leave, an employee is entitled to take that leave. If an employer prohibits, discourages, or interferes with an employee's right to take a CFRA leave, or retaliates against them for taking a CFRA leave, call Malatesta Law immediately. Los Angeles leave of absence attorney Andrew J. Malatesta stands up to employers and fights for employees so that they receive the compensation they deserve for their employer's unlawful actions.

Family and Medical Leave Act (FMLA)

When is an employee eligible to take an FMLA leave?

An employee may take an FMLA leave for one of the following reasons:

  • For the birth and care of his or her newborn child.
  • For the adoption of a child or for the placement of a foster child with the employee.
  • To care for his or her immediate family member (spouse, child, or parent) with a serious health condition.
  • Because of their own serious health condition.
  • For qualifying exigencies arising out of the fact their spouse, son, daughter, or parent is on active duty or called to active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.

Also, all of the following conditions need to be met:

  • The employee has worked for his or her employer for at least 12 months; and
  • The employee has worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and
  • The employee works at a location where his or her employer employs at least 50 employees or his or her employer employs 50 people within 75 miles of the employee's place of employment.

How long is an FMLA leave? An FMLA leave is up to 12 workweeks in a 1-year period.

Is an FMLA leave paid? No. An employer is not required to pay an employee while he or she is on an FMLA leave.

What are an employee's rights to return to his or her job after taking an FMLA leave? Following an employee's return to work after taking an FMLA leave, the employee has a right to return to their job or to an equivalent position. A position is equivalent to a former job if it is virtually identical in terms of pay, benefits, and other terms and conditions of employment.

What if an employee remains sick after exhausting his or her FMLA leave? If an employee takes an FMLA leave because he or she has a serious medical condition and, after exhausting his or her FMLA leave, still needs additional time to treat or recuperate from their illness, the employee may be able to continue to remain off of work on an additional leave of absence.

Under California law, a disabled employee is entitled to a reasonable accommodation for his or her disability. Reasonable accommodation includes leave of absence. Thus, after an employee has exhausted his or her FMLA leave, but still needs additional time off of work to receive treatment for or to recuperate from a serious medical condition, the employee may be entitled to an additional leave of absence as a reasonable accommodation for their condition.

Call (424) 284-1384 for a Free Consultation

If an employee meets the requirements for an FMLA leave, they are entitled to take that leave. If the employer prohibits, discourages, or interferes with the right to take an FMLA leave, or retaliates for taking an FMLA leave, contact Malatesta Law. Malatesta Law stands up to employers and fights for employees' rights.