Federal and California law protect employees rights to take time off of work during certain situations such as illness, pregnancy, or having a family member who is ill. If you have questions about leave, be sure to contact an employment lawyer who has experience with these laws. Hunter Pyle Law attorneys have handled many cases involving family and medical leave, including retaliation for requesting leave.
About Family and Medical Leave in California
There are two different laws that may govern family and medical leave in California: the federal, Family Medical Leave Act (FMLA) and the California Family Rights Act. These laws only apply to certain employees. For example, to qualify an employee must work at a worksite with at least 50 employees or a worksite where the company employs 50 or more employees within a radius of 75 miles. Additionally, the employee must have worked for the employer for at least 12 months, and at least 1,250 hours in the year prior to the day they need to begin leave.
Employees who qualify under these acts are eligible for up to 12 weeks of unpaid leave for their own personal medical concerns or to care for a family member.
Employees may have the right to what is known as “intermittent leave, which means leave in short increments, typically one day or less. Employees use intermittent leave to deal with many different conditions, including chronic medical conditions that require frequent doctor’s appointments.
The laws that govern family and medical leave may also entitle employees to be reinstated to their jobs when they return from leave. Laws may also make it unlawful for an employer to terminate or demote an employee who has requested such leave.
Hiring an Employment Lawyer in Oakland, CA
You may be entitled to rights under the Family Medical Leave Act and the California Family Rights Act. If you have been fired, demoted, or refused medical leave to care for yourself or a family member, please feel free to contact us for a free, confidential initial intake.