If you are employed in California, you may be entitled to take a leave of absence from work if you are pregnant, injured, sick, or taking care of someone who is injured or sick. Such extended periods of leave can be used to recover from injuries, take care of newborn children, and provide care to loved ones who are struggling with diseases and other conditions.
Several state laws allow you to take paid and unpaid leave for the above-mentioned reasons. If your employer has violated your right to take a legitimate leave of absence by denying your request for paid or unpaid leave, a California leave of absence lawyer from Domb & Rauchwerger can help you take legal action.
Our Pasadena leave of absence lawyers are closely familiar with the laws that protect your right to take extended time off work. We’ll work hard to get you the remedies and justice you deserve.
Types of Paid and Unpaid Leave You Can Take in Pasadena
State law protects your ability to take several types of paid and unpaid leave. Our leave of absence lawyers in Pasadena can help you take legal action against your employer if they’ve denied a reasonable and legitimate request for any of the following types of leave:
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California Family Rights Act Leave
If your employer has five or more employees, you’ve been employed for 12 or more months before the date that you’d like your leave of absence to begin, and you’ve worked for at least 1,250 hours in those 12 months, the California Family Rights Act (CFRA) protects your right to take as much as 12 weeks of leave for one of the following reasons:
- A serious health condition: You have a serious health condition, illness, impairment, mental condition, physical condition, or injury that necessitates continuing care or in-patient treatment. Disabilities resulting from childbirth or pregnancy are not considered serious health conditions. Other laws protect your right to take leave for pregnancy and childbirth-related conditions.
- Providing care: You are providing care for someone with a serious health condition. The person you are caring for must be a parent, grandparent, child, grandchild, domestic partner, spouse, sibling, blood-relative, or a person whose relationship with you is equal to a family relationship.
- New child: You have given birth to a child, adopted a child, or have had a foster child placed with you.
- Active duty: You have a qualifying exigency for a child, parent, domestic partner, or spouse’s covered active duty or call to covered active duty.
If you are planning to take CFRA leave for one of the above-listed reasons, you’ll have to notify your employer in advance. This type of leave is unpaid, but if you request it for a qualifying reason and your employer accepts your request, you can receive compensation if you have sick time, vacation time, or PTO.
Once your CFRA leave has ended, your employer must give you your previous position or a comparable role back. If your employer fails to reinstate you, retaliates against you for requesting leave, or denies a valid CFRA leave request, our Pasadena leave of absence attorneys can hold them responsible for their actions.
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Pregnancy Disability Leave
If you work for an employer that has five or more employees, the Pregnancy Disability Leave (PDL) allows you to take up to four months of unpaid leave due to a disability from pregnancy, childbirth, or a related condition. While on PDL, you can receive sick or vacation pay to make up for your lack of income. You also may be entitled to benefits through the state. Your employer is also required to continue providing health coverage during your leave.
If you need even more time, the Fair Employment and Housing Act (FEHA) requires employers to provide accommodations for disabilities, as discussed below. If your employer denies your legitimate PDL request, our leave of absence attorneys from Pasadena can pursue remedies on your behalf.
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Reasonable Accommodation Leave
If you have a condition that the FEHA considers a disability, your employer must provide you with reasonable accommodations to help you perform the essential functions of your job. One of those reasonable accommodations may be a finite leave of absence to help you recover from an injury or disability.
The amount of time you can take off as a reasonable accommodation varies on a case-by-case basis. While requesting to take off for a few months is likely reasonable, requesting to take off a few years is typically not. However, every situation is different. If your employer has denied your request for a leave of absence as a reasonable accommodation, a leave of absence lawyer from Pasadena can file a claim for damages.
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Other Forms of Leave
Depending on your unique situation and your employer, there are a number of other types of leave you may be eligible to take. Such leave includes:
- Sick leave
- Bereavement
- Jury duty
- Military service
- Victim of abuse or crime
- Testifying as a witness
- School activities
- Attending alcohol or drug rehabilitation
- Volunteering as a police officer or firefighter
- Voting
- Literacy education
- Donating bone marrow or an organ
- Civil air patrol duty
Schedule a Free Consultation With a Trusted Pasadena Leave of Absence Attorney
If you suspect your employer has violated your rights under any of the laws mentioned above, the team at Domb & Rauchwerger can determine if you have grounds for a claim. Zack Domb and Devin Rauchwerger are former partners from one of the largest employment defense firms in the nation.
In their previous positions, Domb & Rauchwerger defended Fortune 500 companies from denied leave of absence claims like yours. As a result, they know exactly how to go about dealing with your employer’s legal team and can use their knowledge to fight for the damages you’re owed.
Contact us today to schedule a free consultation with a Pasadena leave of absence lawyer and get started on your case.
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