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Leave of Absence & FMLA Attorneys in Pasadena, California
As a California employee, you may be entitled to an extended period of time off work if you or a loved one are sick or injured. Such a prolonged absence from work is commonly called a “leave of absence.” A leave of absence may be afforded if you need time to recuperate, care for a loved one, bond with a new baby, or deal with other extraordinary circumstances that warrant time off work.
Several California laws protect your right to take specific paid and unpaid leave. If you believe your employer has violated your rights, a leave of absence lawyer from Domb & Rauchwerger can help you take legal action against them.
Connect with us via our online contact form or call (213) 772-5882 to schedule a free consultation with a Pasadena leave of absence lawyer.
Leave of Absence Laws Protecting California Employees
The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave.
To be eligible for FMLA leave, an employee must work for a covered employer and:
- Have worked for the employer for at least 12 months
- Have at least 1,250 hours of service for the employer during the 12 months immediately preceding the leave
- Work at a location where the employer has at least 50 employees within 75 miles
The California Family Rights Act (CFRA) is similar to FMLA but has some key differences. While both laws provide protected leave for specific medical and family reasons, CFRA covers more family members (including domestic partners and their children) and does not cover pregnancy-related disabilities. However, pregnancy disability is protected under a separate California law, the Pregnancy Disability Leave Law (PDL), which works in concert with CFRA.
The eligibility requirements for CFRA leave are similar to those for FMLA leave.
If you meet the qualifications listed above, you have the right to take leave for any of the following reasons:
- A “serious health condition” (explained below)
- To provide care for a child, grandchild, parent, grandparent, sibling, spouse, domestic partner, or designated person (defined as “any person related by blood or whose association with the employee is the equivalent of a family relationship”) who suffers from a “serious health condition”
- The birth of your child or having a child placed with you for adoption or foster care
- For a qualifying exigency related to the covered active duty or call to covered active duty of your spouse, domestic partner, child, or parent in the U.S. military
Don't face legal challenges alone. Contact us at (213) 772-5882 to discuss your case with our experienced attorneys.
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What Qualifies As a Serious Health Condition for a Leave of Absence?
The phrase “serious health condition” is an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment. However, under the CFRA, disabilities caused by pregnancy or childbirth are not considered serious health conditions. Instead, those conditions are protected under separate leave of absence laws.
If you take CFRA leave for a qualifying reason, you can be reinstated to the same or equivalent job when your leave ends. While CFRA leave is unpaid, you can still receive compensation while out on CFRA leave if you have sick time, PTO, or vacation time.
Notifying Your Employer for Leaves of Absence
If you need to take leave for a reason covered by the CFRA, you must notify your employer. That said, you don’t need to reference the CFRA specifically, as it’s your employer’s responsibility to know whether the CFRA covers the reason you need to take leave.
You should also provide reasonable advance notice to your employer if you know ahead of time that you’ll need to take leave. You should estimate the time and duration of the leave and supporting medical documentation.
You’re not required to provide, nor should your employer ask for, the medical condition causing you to take leave.
If you believe your employer is violating your rights under the CFRA, a leave of absence lawyer from our team can help you pursue remedies. We can also help you take legal action if your employer discriminates, harasses, or retaliates against you for requesting CFRA-protected leave.
Pregnancy Disability Leave
According to the Pregnancy Disability Leave Law (PDLL), you’re entitled to four months of unpaid leave if you work for an employer with at least five employees and need to take time off for one of the following reasons:
- Pregnancy
- The birth of a child
- A pregnancy-related disability
While PDLL leave is unpaid, you may receive payment for some of the time you take off through sick pay, vacation pay, or California State Disability Insurance. In addition, while on PDLL leave, your employer has to maintain and pay for your health coverage just as it would have if you had not taken PDLL leave and continued employment.
If you’re eligible to take pregnancy leave, you can take 12 weeks of CFRA leave after taking four months of PDLL, allowing you to take seven months of protected time for the birth of a child. Additional leave beyond seven months may be possible as an additional reasonable accommodation under the Fair Employment and Housing Act (FEHA).
You Have the Right to Return to Your Job After PDLL Leave
According to the law, you must be reinstated to the same position after the conclusion of your PDLL leave unless the position is no longer available for reasons unrelated to your leave.
An employer may also deny you your old position if holding the position open would have substantially undermined the safety or operation of the employer’s business. If the employer attempts to rely on this justification, the employee must still be reinstated to a comparable position.
Reasonable Accommodation Leave
Under the FEHA, your employer must provide reasonable accommodations to you if you have a disability and need accommodations, such as modifications to your work environment to perform essential functions of your job.
If you need to take time off to recover from a disability or injury, you could receive such accommodation as a finite leave of absence. When you return to work, you’re still entitled to accommodations to help you perform essential duties.
Examples of reasonable accommodations can include a reduced work schedule, restrictions on carrying heavy objects or being provided with software or equipment to allow you to perform the essential functions of your job.
How Long Your Finite Leave of Absence Can Be
The amount of leave considered a reasonable and finite amount of time is determined on a case-by-case basis. Typically, leaves that last only a few weeks or months will be considered valid.
On the other hand, leaves that last longer than a year aren’t likely to be considered reasonable. Each situation must be analyzed individually, so there’s a chance your leave could exceed a year.
Taking Reasonable Accommodation Leave When You’ve Exhausted Other Types of Leave
Compensation in a Leave of Absence Violation Case
An attorney can pursue monetary and non-monetary remedies if your employer has violated your right to take a protected leave of absence.
If your case is successful, you could receive the following:
- Reinstatement
- Back pay (lost wages, benefits or other compensation)
- Front pay (future lost wages and benefits from a jjudgment date forward)
- Damages for pain and suffering, embarrassment, and humiliation
- Attorneys’ fees
- Damages for any injuries or losses you’ve suffered
- Punitive damages
Your employer may also be required to train supervisors and managers about the laws that protect California employees’ right to pregnancy, medical, disability, and other forms of leave.
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What Makes Us Different
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Gain a unique advantage with our firsthand knowledge of how corporations and insurance companies operate.
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Our founders collaborate on every case. This dynamic approach enhances our ability to secure favorable outcomes for you.
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Our esteemed reputation and well-established connections within the legal community set us apart.
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Talk through all of your legal options during a free consultation.
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Our track record of successful outcomes demonstrates our proficiency and commitment to fighting for your rights.
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Employment law help provided by a Spanish-speaking team.
We Have What It Takes to Fight Back Against Your Employer
Before founding Domb & Rauchwerger, attorneys Zack Domb and Devin Rauchwerger were partners at one of the largest employment defense firms in the nation. In their previous positions, they represented Fortune 500 employers and learned all the tactics that corporate attorneys use to protect companies against leave of absence violation and other claims.
We differ from other employment law firms because we have inside information regarding how employment defense attorneys and in-house counsel operate. As a result, we can use our unique experience and knowledge to file winning claims for employees.
Attorneys Zack Domb and Devin Rauchwerger collaborate on all the cases they handle, which means you’ll get the representation of two skilled lawyers when you work with our law firm on leave of absence and other employment law claims.
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