Protected Leaves of Absence in California
Are You Eligible for the Family Medical Leave Act (FMLA)?
There are certain circumstances that are beyond our control that may result in leaving work for an extended amount of time. Both federal and state laws guarantee a leave of absence to employees, and it is the responsibility of employers to reinstate them to a job of similar standing and pay upon their return to work.
What is a Family Leave of Absence?
According to the Family and Medical Leave Act of 1993, eligible employees are allowed up to 12 weeks per year of paid or unpaid leave for specific medical reasons.
Who is Eligible?
There are qualifications for being eligible for family leave of absence. An employee is qualified for medical leave if:
- The employee has been working for the employer for at least 12 months on the date their leave is set to start
- The employee has worked at least 1,250 hours during the past 12-month period before the date their leave is set to start
- The employer has 50 or more employees within a 75-mile radius
Acceptable Reasons for Leave of Absence
Not all medical situations are applicable or covered by the FMLA. Acceptable reasons for medical leave include the following:
- Being unable to work due to serious health issues
- To care for an immediate family member with a serious health condition
- The birth of a child, or adoption or foster care placement of child
Is Your Employer violating Your Rights Under FMLA?
Many employers fail to understand the law in regards to employee medical leaves of absence. If you have correctly followed the conditions of your leave by providing proper notice or you are facing an urgent situation, your rights should be protected.
Violations of FMLA include:
- Failure to allow protected leave of absence
- Failure to properly inform workers of their rights
- Failure to provide equivalent employment upon return to work
- Pregnancy discrimination involving maternity leave
- Wrongful termination during or following a leave of absence
Let an Experienced Employment Attorney in Hollister Represent You!
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