Find An California Employment Law Attorney For Work Leaves
It's disappointing when an employer mistreats an employee because they exercised their right to take a leave of absence. Although employers may not always agree with legislation safeguarding employee leave, employees still have rights under several federal and state regulations.
Below is a list of employment leaves that you, a California employee, have the right to take. Your employer cannot discriminate, retaliate, nor fire you for taking them.
If you have been at the receiving end of an employer's unlawful decisions, consult a Labor Lawyer in California to fight for your workers' rights.
Family Leave
Work is crucial in a person's life, but family is equally important, if not more so. Unfortunately, we can't always predict when a major illness will strike a family member or us, and you'll need to take time off work to care for them.
The Family Medical and Leave Act provides coverage for some disabilities and serious diseases. There are various standards that an employer must complete to be covered by FMLA, and employees must also meet specific qualifications.
Maternity Leave
Astonishingly, pregnancy remains such a taboo topic in the workplace. However, if you work for a qualified employer, you have the right to take maternity leave under the law.
These rights assure that their career is safe and that they won't have to worry about returning to work after having a new child, whether through birth, adoption, or foster care.
Contact a California Employment Law Attorney to inquire about the rights and obligations that a pregnant employee should be aware of.
Disability Leave During Pregnancy
This leave law is written for pregnant employees in the same way that maternity leave is. The California Family Rights Act doesn't include pregnancy-related disabilities; thus, it's crucial to be aware of this law if you need to take time off due to a pregnancy-related ailment. This could include being unable to function due to severe morning sickness or exhaustion.
The employee is also protected from losing her job or being discriminated against for filing a leave of absence under Pregnancy Disability Leave (PDL) law.
Employers who are covered. This applies to private employers with 50 and more employees who work within 75 miles of the employee's workplace. Private employers with fewer than that are also eligible to join and be protected; many do so. Regardless of the number of employees, public agencies, including private and public schools, are covered under FMLA.
Individuals Who Are Covered. Workers who have worked for the eligible company for at least 12 months and have worked in the company for at least 1,250 hours in the preceding 12 months are covered. To be eligible, there should be at least 50 employees working within 75 miles of their workplace.
Disability Leave
FMLA and CFRA protect disability leave and make it available to eligible employees who work for covered businesses that satisfy the requirements. Caring for a chronically ill parent, child, spouse, or registered partner, as well as oneself, are all legal grounds to be eligible for disability leave.
A disability is defined by a physical or mental impairment that significantly restricts essential living activities, not just work-related tasks. Disability leave might be paid or unpaid, depending on the law under which you are taking it.
In California, State Disability Program exists, and it pays an eligible employee while on leave. For more details, ask your California Labor Law Attorney when you're consulting with them.
CFRA
The California Family Rights Act is a state law comparable to the Family Medical and Leave Act but only applies to residents of California. An eligible employee's job is protected if they take time off for covered reasons pertaining to their personal medical concerns or the illnesses of a close relative.
The California Family Rights Act safeguards an employee's ability to take a leave of absence for a variety of reasons, including:
The birth of a child
a foster or adopted child who has recently been placed
To look after a family member who is suffering from a terrible illness
When an employee is unable to perform work-related tasks due to a bad health condition
Discrimination
When we talk about discrimination, we're talking about when an employer mistreats an employee because they took a leave that was legally mandated by federal or state law.
Of course, employers want dependable employees, but they also have a legal obligation to observe rules that improve the working environment for all employees. This includes not terminating employees, refusing promotions, reducing pay, or terminating benefits because they requested, taken, or supported any covered leave.
If your employer violates these worker protections, call an Employment Law Attorney in California immediately.
Leave for Military Personnel
Because it includes service members who serve the country, military leave is governed by particular legislation. As we all know, active military duty is not at all like civilian life. These regulations prevent veterans from being fired from civilian occupations while serving in the military. These veterans have the right to return to work and not be discriminated against or fired because they served in the military.
You are permitted to return to your civilian work (or a comparable job) once you have completed your military duty, as long as you:
Give your employer advance notice of your service
Have served in the uniformed services for no more than five years while with that employer
After you've completed your service, get back to work or seek reemployment as soon as possible
Do not have a discharge that disqualifies you (dishonorable discharge)
Paternity Leave
Paternity leave for fathers is a rising topic of the law in the public spotlight. Fathers, like mothers, typically desire to spend time with their newborn newborns.
Employers and employees covered by the FMLA and CFRA must meet the following criteria:
Within a 75-mile radius of the employee's worksite, the employer employs at least 50 employees
The employee has been with the company for at least a year (part-time, temporarily, or full-time)
In the 12 months before your paternity leave, the employee has worked a minimum of 1,250 hours.
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