Pasadena Protected Leave of Absence Attorney
What is a Protected Leave of Absence?
Certain employees in California enjoy job-protected leave under the federal Family Medical Leave Act (FMLA) and the nearly identical California Family Rights Act (CFRA). These laws permit employees to take up to 12 weeks of unpaid leave from their jobs for qualifying reasons without fear of being fired for asking to take leave or while on leave. Upon return from leave, employees can expect to return to the same job or a similar one with equivalent pay and benefits.
Mark Charles Law, APC can provide employees with the representation they need to hold their employers accountable for inappropriately denying their request for protected leave or terminating their employment for requesting or taking leave. We also understand employers need to defend against such claims and are equally prepared to help them mount a defense that can protect their companies.
What Is a Qualifying Reason to Take Protected Leave?
FMLA and CFRA leave are both intended to provide people with the means to take time off of work for important reasons without fear of losing their jobs.
These qualifying reasons include the following:
- Bonding with a newborn child, adopted child, or a child placed in foster care
- Caring for a family member (typically a spouse, child, or parent) with a serious health condition
- Caring for the employee’s own serious health condition
- A qualifying emergency related to a close family member’s military service (under FMLA only)
In California, pregnancy leave is provided separately under the state’s Pregnancy Disability Leave (PDL), which can mean employees may be eligible to benefit from multiple kinds of leave for different qualifying reasons in a 12-month period.
If you are an employee or employer who wants guidance on whether or not a reason to take leave may be protected by law, reach out to Mark Charles Law, APC for help. We can help employees discern whether not they could reasonably pursue fair and just compensation when an employer denied their request for leave. We can also provide employers with advice about whether or not an employee’s reason for requesting leave may be protected by law.
Basic Qualifications for FMLA & CFRA Leave
Not all employees automatically or will always qualify for protected leave. Employers who find themselves faced with an FMLA or CFRA violation claim may be arguing relatively basic facts about their company’s operation and the employee’s eligibility to take such leave in the first place.
Employees who are eligible for FMLA and CFRA leave benefits are those who:
- Work for an FMLA or CFRA-covered employer
- Have been employed for at least 1,250 hours during the 12-month period immediately prior to the beginning of leave
- Are employed at a worksite where 50 or more employees are employed by the same employer within 75 miles of that location
Covered employers are those that include:
- Private-sector employers with 50 or more employees during 20 or more workweeks in the current or preceding calendar year
- Public agencies such as local, state, and federal government employers, regardless of the number of employees
- Public or private elementary and secondary schools, regardless of the number of employees
Because there are many facts about both the employee and employer that determine whether the employee can even qualify for protected leave, it’s important for both employers and employees to carefully review them with an attorney. Our protected leave of absence lawyer in Pasadena can provide the guidance and representation you need to verify your claim or defend your position should a lawsuit move forward.
What Is Protected When an Employee Takes Leave?
Employees cannot be threatened or retaliated against for requesting or taking protected leave, and they are afforded more rights than just this. Not only should an employee be provided with a job when they return from leave, but it must be the same or an equivalent position with at least the same pay and benefits as before.
Employees should feel comfortable using as much of the provided leave they need to tend to their qualifying reason without fear of retribution. During this time, the employee should still enjoy healthcare benefits on their employer’s plan and accruing seniority in their current position at the company.
Contact Us for Help!
If you need a protected leave of absence attorney in Pasadena to represent you in a lawsuit, get in touch with Mark Charles Law, APC today. We have more than 20 years of experience when it comes to providing high-quality legal advice and services to employees and employers who needed our assistance.
Learn more about what we can do for you by scheduling a consultation with Mark Charles Law, APC today. Contact us online to arrange your first meeting with our lawyer today.
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