Many employers don't understand the law when it comes to
employee leaves. If your employer denies your request to go
on leave or retaliates against you for taking leave, you
may be entitled to compensation.
VIDEO
DON’T BE CAUGHT IN A BIND
ASSUMING ONLY ONE LEAVE LAW APPLIES IN CALIFORNIA. CONSULT
AN ATTORNEY AS TO WHAT LEAVE LAWS APPLY.
Many employers are confused over the overlapping laws
that may apply to an employee's leave. For example, in
California your right to take certain types of leave may be
protected by the Federal Family and Medical Leave Act and
the California Family Rights Act. Since your company's
human resources department may not be adequately trained,
it's best to consult an experienced employment law attorney
to determine your rights under the law.
If you are eligible for leave, the law protects you from
adverse employer actions for exercising your right to take
leave. Examples of adverse employer actions include firing
you, demoting you, not promoting you, or transferring you
to a less-desirable location or shift.
Contact a Rancho Cucamonga labor attorney to see if you
might have a case, call Employment Lawyers Group - San
Bernardino at 909-663-2100 toll free. We
handle all cases on a contingency fee basis with no upfront
costs. Se habla Español.
Protecting Your Right to Take Family or Medical Leave
in San Bernardino County
If you need to take time off from work to recover from a
serious health condition or to care for a family member who
has a serious health condition, you are protected by a law
known as the Family Medical Leave Act (FMLA). The
California Family Rights Act is a California law that
provides similar, but better, protection.
How Much Leave Can I Take?
If you are eligible, the law generally allows you to
take up to 12 weeks of unpaid leave (consecutive or
nonconsecutive) in a 12-month period for a serious medical
condition for yourself and a limited list of family
members. If you are disabled, you may be able to take a
longer leave. In addition, you may have medical
restrictions that would apply to you upon your return to
work. For example, if your job involves lifting, you may be
restricted to lifting objects weighing not more than 10
pounds. Only an attorney can advise you whether these
restrictions qualify for a particular leave.
Many employers do not understand the law and end up
violating the rights of their employees.
What Is a Serious Health Condition?
What constitutes a serious health condition and what
leave protections may exist is a complicated inquiry for
which you should consult an attorney.
California Family Rights Act Lawyer
If you need to take time off from work to provide the
direct care for certain family members or to recover from a
serious health condition, you may be protected by a law
known as the California Family Rights Act (CFRA). The
Family and Medical Leave Act is a federal law that provides
similar protection.
If you have worked 1,250 hours for an employer with 5 or
more employees in a 75-mile radius, the California Family
Rights Act allows you to take up to 12 weeks of unpaid
leave each year for the following reasons:
For the birth, adoption or foster care placement of a
child
To care for certain family members who have a serious
health condition
To recover from a serious health condition
To treat for a serious medical condition
Your employer is required to maintain and pay for your
group medical coverage while you are on leave.
In California, you have the right to a leave of absence.
If you are dealing with an employer who refuses this time,
we can help. We are your San Bernardino Employment Lawyers
serving: Apple Valley, Chino, Chino Hills, Fontana,
Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga,
Redlands, Rialto, San Bernardino, Upland, and
Victorville.
Contact a San Bernardino CFRA Attorney today. To speak
to an Ontario Family Rights Act lawyer, call
877-525-0700 toll free. We handle all
cases on a contingency fee basis with no upfront costs. Se
habla español.
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