Alameda County Leave of Absence Lawyer

Employment Attorneys Protect Employee Rights to Leaves of Absence

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.

Leaves of Absence Under California and Federal Law

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:

•    Caring for a spouse, child, or parent who is suffering from a serious health condition;
•    The birth of a child and care for the infant during the first year;
•    Circumstances surrounding adoption, including care for the child during the first year;
•    A serious medical condition that prevents the employee from performing at work;
•    Going through court proceedings, medical treatment, and counseling related to domestic violence;
•    Donating an organ or bone marrow;
•    Exercising voting rights;
•    Jury duty;
•    Attending school activities;
•    Spending time with a spouse who is deployed in active military duty; and,
•    Other reasons as designated by law.

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.

Take Action to Enforce Your Right to Leaves of Absence

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:

•    Reinstatement of employment;
•    Compensation for lost salary and fringe benefits;
•    Attorneys’ fees; and,
•    Other remedies that put the employee in the same position as if he or she did not take time off work.

Consult with an Alameda County Leaves of Absence Lawyer for Free

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.