As job-related demands increase, more California employees are facing challenges in their attempts to balance work and family. Many parents who work full-time want to play an active role in raising children. Some workers are falling into the role of caretaker for aging loved ones. Federal and state laws protect employees who need leaves of absence, but there may be challenges in understanding eligibility and enforcing their rights. At Minnis & Smallets, LLP, our employment attorneys defend the interests of employees when circumstances require time off work. Please contact our office to set up an appointment with an Alameda leaves of absence attorney, and read on for an overview of the key concepts.
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both extend rights to eligible employees who want to take time off work for qualifying reasons, such as:
Under FMLA and CFRA protections, employees can take up to 12 weeks within one year for leaves of absence. However, employers do not have to pay workers during their time off. The laws merely safeguard the employee’s job and require an extension of employer-provided group health insurance coverage.
It is important for employees to understand their legal options when their rights have been violated. The first step is to reach out to an employer, manager, or human resources department to voice concerns about leaves of absence. If this action does not properly resolve the issue, then the employee should consider whether to contact an attorney or a government agency such as the California Department of Fair Employment and Housing.
If an employer fires an employee for taking a protected leave of absence or requesting to take a protected leave of absence, then the employee may have several remedies that he or she may pursue with the help of an attorney. These remedies include:
For more information on your right to take time off work, please contact Minnis & Smallets LLP at 415-551-0885 or through our website. We can set up a free consultation with a leave of absence attorney who can provide details on employee rights and legal remedies.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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