In our previous blog entry – “Leaves of Absence Part 1: What Protected Leave of Absences are There in California?” – we discussed the basics of LOAs in California that every employee should know. Overall, employees of most companies with more than a handful of employees can take an LOA, regardless of their remaining sick pay, paid time off, and vacation time. The LOA must fit a protected necessity, though, like recovering from a severe injury, caring for and bonding with a newborn, and so forth.
What you should know now is what to do if your boss wrongfully denies your leave of absence. The specifics of California employment law are not guaranteed to be understood by your employer, so they could wrongfully deny your LOA without realizing they are violating an employment law. Or, it is possible they know they don’t have the right to deny your justified LOA but do so anyway to keep you at work. In either circumstance, the result is the same: you have had your rights infringed – and you need to know how to stand up for yourself.
Other ways your employer can violate your rights related to leave of absences:
- No disclosure of your rights under the Family Medical Leave Act (FMLA)
- No or dissimilar work provided to you upon your return
- No reasonable accommodations made for your pregnancy-related leave
- No-fault termination when you are on leave or after you return
What Do You Do When Your LOA Rights are Violated?
You need to start thinking about how you can prove your employment and FMLA rights were violated even before you ask your employer to approve your protected leave of absence. Put your request in writing, using clear language to describe why you need to leave work for weeks. You do not necessarily need to describe when you expect to return if you feel that infringes upon your privacy.
Ask for a written response as well, so you can have a record of it. If your leave of absence is denied, then you can take your written records to an employment law attorney, like you can find at Marder Employment Law in Northern California. Your lawyer can review your employment status for eligibility and the reasons why you requested an LOA to see if your employer was indeed in the wrong for denying it.
If they are overstepping your rights, your attorney can discuss what to do next. Typically, a formal letter from your lawyer to your employer that threatens a lawsuit if the LOA is not approved readily can be enough to change their minds. However, if they do not budge, then a lawsuit may be necessary, which can reward you financially as compensation for experienced employment discrimination.
Find out more about your rights to leaves of absences in California by calling our LOA lawyers today at (888) 796-4010. Be sure to also browse our blog for other helpful employment law topics and discussions.