Bay Area Leaves of Absence Lawyer

California Employment Law Attorney Representing Clients in Leaves of Absences Cases in the Bay Area

Employees in the Bay Area may need leaves of absence from their places of employment for many different reasons. In some cases, the employee may need time away in order to take care of himself or herself as a result of his or her own serious illness or a disabling condition. In other situations, an employee may request time off to care for a family member. Sometimes this might be a newborn baby or an adopted child, or a close family member who is dealing with a serious illness. There are numerous reasons that an employee can request time off, and both federal and California state law permit leaves of absences in certain situations.

If you need to take a leave of absence from work, an experienced Bay Area employment law attorney can assist you.

Taking Leave in the Bay Area Under the FMLA or the CFRA

There are two primary laws that are applicable to California employees who need to take a leave of absence from their jobs. Those two laws are:

• Family and Medical Leave Act (FMLA), a federal law; and
• California Family Rights Act (CFRA), a California state law.

The laws overlap in a number of ways, including the following:

• Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a given 12-month period;
• Eligible employees can take leave for the birth of a child, the adoption of a child, or the placement of a foster care child;
• Eligible employees can take leave because of their own serious health condition; and 
• Eligible employees can take leave to care for a seriously ill family member.

Under both the FMLA and the CFRA, same-sex spouses qualify as a “family member” for leave purposes. However, the CFRA provides protections beyond the FMLA, permitting an employee to take leave to care for a seriously ill registered domestic partner. Another difference between the FMLA and the CFRA is that the FMLA views a disabling condition as a result of pregnancy to be a “serious medical condition” that makes an employee eligible for leave. The CFRA does not recognize a pregnancy-related disability as a serious medical condition, but there are additional laws in California that provide this coverage.

Additional Federal and California Laws That Permit Job-Protected Leave in the Bay Area

While the FMLA and the CFRA are the most common laws under which employees take leaves of absence, other laws that can allow an employee to take a job-protected leave of absence include but are not limited to:

• Title I of the Americans with Disabilities Act (ADA), a federal law;
• Pregnancy Disability Leave (PDL) under California law;
• Leave under the Fair Employment and Housing Act (FEHA) under California law; and
• Paid sick leave under California’s Healthy Workplaces, Healthy Families Act.

Contact a Bay Area Leaves of Absence Lawyer

If you have questions or concerns about leaves of absence under federal law and California state law, an experienced Bay Area leave of absence attorney can assist with your situation. Contact Minnis & Smallets LLP to learn more about our services.