Encino Leave of Absence Attorney
Leave of Absence Lawyer Handles Encino Workplace Violation Cases
Encino has some unique places to visit, such as the Encino Velodrome, a facility that attracts cyclists to its large outdoor track where riders can learn, be trained, and race. There are also neighboring attractions like the Sepulveda Basin Wildlife Preserve and the Skirball Cultural Center. Employees in Encino also enjoy the same leave of absence rights as every other California employee. Employees have the lawful right to take a leave of absence from work, but this certainly does not mean that California employees don’t experience workplace violations when it comes to their right to a leave of absence.
A California employee cannot be denied a leave of absence or suffer retaliation for taking a leave of absence they are entitled to. If an employee needs time away from work for certain reasons, California law provides specific protections and entitlements for employees. A California employee can be entitled to a leave of absence from work for personal or family health matters, childbirth, adoption, or military service.
If you’ve been denied leave or suffered retaliation for taking a leave of absence in Encino, contact Malatesta Law right away. Firm founder and lead attorney Andrew J. Malatesta is experienced in employment law—he’s won millions of dollars in settlements for his clients. He will personally review your situation with you and advise you on the best strategy for moving forward.
Call California employment law firm Malatesta Law at (424) 284-1384 to have a free consultation with Andrew J. Malatesta. It’s very important you contact an Encino employment law attorney at Malatesta Law as soon as possible to understand your rights to a leave of absence under California law.
"Andrew is the best!! I can't tell you how thankful I am to have had an amazing attorney like Andrew!! He believed in me and went above and beyond!!! My case was settled in a very short time. You will not find another attorney like Andrew!!"
Understanding Federal Leave of Absence Laws
The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees up to 12 weeks of unpaid leave per year for certain family and medical reasons. To qualify for FMLA leave, employees must have worked for their employer for at least 12 months and worked at least 1,250 hours over the past year.
FMLA leave can be taken for personal or family health matters, childbirth, adoption, or foster care placement. During FMLA leave, employees are entitled to job protection, meaning they are entitled to return to the same or an equivalent position after their leave. Employers must maintain group health insurance coverage for an employee on an FMLA leave under the same terms as if the employee had continued to work.
The Americans with Disabilities Act (ADA) is a federal law designed to protect people with disabilities from discrimination in various areas, including employment. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, which may include granting a leave of absence from work for medical treatment or recovery.
Unlike the FMLA, the ADA does not specify a set duration for leave. Instead, the leave must be reasonable and not impose an undue hardship on the employer.
Impact of California Leave of Absence Laws on Encino Employees
The California Family Rights Act (CFRA) is a state law that closely mirrors the federal FMLA. However, CRFA offers additional protections to California employees. Under CFRA, eligible employees can take up to 12 weeks of unpaid leave within 12 months for specific family and medical reasons. These include the birth of a child, adoption, foster care placement, and the serious health conditions of an employee or an employee’s immediate family member.
Unlike FMLA, which has a threshold of 50 employees, CFRA applies to smaller employers, covering those with five or more employees. CFRA leave can also be taken by domestic partners, which is not covered under FMLA.
Pregnancy Disability Leave (PDL) is a California-specific law that grants pregnant employees up to four months of unpaid leave for pregnancy-related conditions. This can include time off for severe morning sickness, prenatal care, childbirth, and recovery from childbirth. PDL applies to all employers with five or more employees, making it widely accessible to California employees. Unlike CFRA and FMLA, PDL is available regardless of the employee’s length of service or number of hours worked. During PDL, employers are required to maintain an employee’s health insurance coverage on the same terms as if the employee had continued working. PDL can be taken intermittently or on a reduced work schedule if medically necessary.
Under California’s paid sick leave laws, employers are required to provide employees with a minimum amount of paid time off for health-related absences. California employees are generally entitled to five days or 40 hours of paid sick leave. This leave can be used to diagnose, care, or treat an illness or existing health condition, or as preventive health care for an employee or an employee’s family member. Unlike other types of leave, paid sick leave is available to all employees, including part-time and temporary workers, provided they have worked for the employer for at least 30 days within a year.
Employee Rights and Protections in Encino
Reinstatement after leave is a crucial component of employee rights under various leave laws, including FMLA, CFRA, and PDL. These laws mandate that employees must be reinstated to the same or an equivalent position upon returning from their approved leave. An equivalent position offers pay, benefits, and working conditions that are similar to an employee’s original job.
Employers are prohibited from penalizing employees for taking leave, thus ensuring job security during their absence.
Retaliation and discrimination protections are fundamental aspects of leave laws like the FMLA, CFRA, and ADA. These laws prohibit employers from retaliating against employees who take legally protected leave or who request reasonable accommodations. Retaliation can take many forms, including demotion, reduction in pay, changes in job duties, suspension, or termination. Discrimination protections ensure that employees are not unfairly treated based on their need for leave.
Maintaining health benefits during leave is a notable aspect of employee protections under laws like FMLA, CFRA, and PDL. These laws stipulate that employers must continue providing group health insurance coverage on the same terms as if the employee were still actively working. This means that employees on leave will retain their health benefits, including medical, dental, and vision insurance, without interruption. Employers are required to pay their share of the premiums, while the employee remains responsible for their portion.
Speak with Our Experienced Leave of Absence Attorney in Encino Today
At Malatesta Law, Andrew J. Malatesta dedicates his legal career to protecting the rights of employees in Encino and throughout California. He is determined to obtain compensation for employees who are mistreated by their employers.
Malatesta Law offers FREE consultations and takes cases on a contingent fee basis. This means an employee does not owe Malatesta anything—not even a penny—unless Malatesta Law recovers money for the employee.
Call our Encino leave of absence lawyer at (424) 284-1384 to learn more today, or reach out to Malatesta Law online.
Additional Information
- FMLA Leave: Birth of an Employee’s Child or Adoption of a Child
- FMLA Leave: How Much FMLA Leave is an Employee Entitled To?
- FMLA Leave: What Is An Employee’s Own Serious Health Condition?