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. Family Leave in California may also be available under certain provision of the California Labor Code enabling employees to use a certain number of their sick days every year for a work leave of absence in order to care for their child, or their partner’s child. California maternity leave and baby bonding leaves are also technically family leaves in California employees can be entitled to. Only an experienced employment attorney can advise you which of the many California employment laws apply to your particular leave of absence.
I am Karl A. Gerber, founder and lead trial attorney of Employment Lawyers Group. If your employer has denied your right to take FMLA leave or had retaliated against you for taking family leave in California, you may be entitled to compensation. Contact us at 1-877-525-0700 to discuss your family leave case and your options. We have offices from San Diego to Sacramento. In Los Angeles County we have three separate offices. We take work leave absence case in all parts of California.
If you are eligible for CFRA/FMLA Leave, the law generally allows you to take up to 12 weeks of unpaid leave (consecutive or nonconsecutive) in a 12-month period for a serious medical condition for yourself and a somewhat expansive list of family members. If you are disabled, you may be able to take a longer leave. CLICK HERE TO LEARN ABOUT YOUR WORKPLACE DISABILITY LEAVES OF ABSENCE. 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 object weighing not more than 10 pounds. Only an attorney can advise you whether these restrictions qualify for a particular leave.
California workplace leave of absence law is complex. There are many different leave of absence laws in California. While multiple leave of absence laws provide coverage for the same type of medical leave of absence from work, others do not. These different leave of absence rights have different requirements in terms of what medical conditions they cover. Only an experienced California workplace leave of absence lawyer can advise you which leave laws apply for which medical conditions.
What constitutes a serious health condition and what leave protections may exist in a complicated inquiry for which you should consult an attorney. Many employers do not understand the law and end up violating the rights of their employees. For example, your leave of absence rights after different if you have suffered a temporary work injury than if you have a permanent medical disability.