Protecting Your Right to Employee Leave in California

When you must miss work because of family responsibilities, illness, or military service, the last thing you need to worry about is losing your job. Fortunately, in many cases, when you have to take a leave of absence because of your own medical condition or to care for your sick spouse or child, your job is protected by California and federal employment laws. These laws also prohibit employers from terminating or otherwise punishing employees who take protected medical or family leave.

At Rukin Hyland Doria & Tindall, we help employees who have lost their jobs or who have been treated unfairly for taking the employee leave they are entitled to under federal and state law.

Maternity Leave · Medical and Disability Leave · Sick Leave

Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), qualified employees are entitled to take up to 12 weeks of unpaid employee leave for:

• the birth of a child (for purposes of bonding)
• placement of a child in the employee's family for adoption or foster care
• the serious health condition of an employee's child, parent or spouse
• the employee's own serious health condition

Job and Benefit Protections: While on a protected leave, the employer must maintain the employee's medical benefits, but may charge the employee for the premiums. When returning from an FMLA or CFRA leave an employer must, in most circumstances, give the employee the same job or an equivalent position.

California's Pregnancy Leave Law

In addition to the CFRA, California law provides for up to 16 weeks of leave for women who are unable to work because of a disability associated with pregnancy, childbirth, or related conditions. Being restricted to bed rest, severe morning sickness, complications from a cesarean section, and other pregnancy and birth-related medical conditions would entitle a qualified employee to take pregnancy disability leave.

Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. §§ 4301 - 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other "uniformed services:" (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. Any service member denied reemployment in a civilian position after returning from a tour of duty may have a claim under USERRA.

Medical Leave for Military Spouses and Family Members

In 2008, the Family and Medical Leave Act (FMLA) was expanded to provide up to 26 weeks of leave to spouses, children, parents and other relatives of members of the Armed Forces. This medical leave is available to immediate relatives who need to care for seriously injured or ill military members.

If you were denied family or medical leave or you have experienced retaliation for requesting or taking such leave, or you need more information about your rights, contact our firm.