Alameda County Leave of Absence Attorney

It is not uncommon for employees to need to take time off from work for a medical or family emergency. In fact, the right to take leave without fear of being fired or demoted is guaranteed by both federal and state law in certain situations. If you have questions about whether or not you qualify for a leave of absence in California, please contact a dedicated Alameda County leave of absence attorney who can explain your legal rights.

Family Leave

Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), qualifying employees are guaranteed up to 12 weeks of unpaid leave per year for medical and family-related reasons. The FMLA only applies to companies that employ at least 50 employees. In addition to this requirement, employees can only take unpaid FMLA leave for the following reasons:

• For the birth or adoption of a child;
• For the care of a newborn or recently adopted child;
• For health complications caused by or related to pregnancy or childbirth;
• To provide care for a spouse, child, or parent suffering from a qualifying medical condition; or
• To recover from a serious illness or medical condition.

Under the FMLA and CFRA, the amount of leave an employee can take is 12 weeks, but an employee may be entitled to additional leave under certain circumstances. Finally, an employee requesting FMLA leave must have worked for the employer for at least 12 months or have worked 1,250 hours or more for the employer in the past year.

Pregnancy Disability Leave

Under state law, employers with five or more employees are also required to give eligible employees suffering from a pregnancy-related disability up to four months of unpaid leave. This leave can be taken either before or after the birth, as long as the woman is disabled due to pregnancy or a pregnancy-related condition. This is in addition to any other leave entitlement the employee may have under other laws.

Other Types of Leave

In addition to family and pregnancy disability leave, California employees could be eligible to take leave for the following reasons:

• To perform jury duty;
• To obtain relief from domestic violence;
• To visit a child’s school, for which employees are guaranteed up to 40 hours off per year if their employer has 25 or more employees;
• To perform emergency duty as a volunteer firefighter, emergency rescue personnel, or a reserve police officer;
• To vote, for which employees are guaranteed two hours without loss of pay, as long as they give the employer at least two working days’ notice;
• Participate in drug or alcohol rehabilitation, as long as the accommodation would not impose an undue hardship on the employer;
• Enrolling or participating in a literacy program, as long as it does not create an undue hardship for the employer; or
• Engage in military duty.

If you were denied leave for one of these purposes, you may be entitled to recover damages.

Contact an Alameda County Leave of Absence Attorney

Please call 415-551-0885 or send an online message to the legal team at Minnis & Smallets, LLP to consult with an experienced Alameda County leave of absence attorney about your leave-related questions and concerns.