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.
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:
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.
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.
In addition to family and pregnancy disability leave, California employees could be eligible to take leave for the following reasons:
If you were denied leave for one of these purposes, you may be entitled to recover damages.
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.