San Bernardino Leave of Absence Lawyer
Protecting Your Right to Take Leave in California
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.
Types of Leave in CaliforniaThere are many different kinds of employee leaves in California. Here are some examples:
- Sick leave
- Pregnancy leave
- Maternity or paternity leave to care for a newly born or adopted child
- Medical leave to care for yourself or a family member
- Disability leave
- Military leave
- Leave for jury duty
- Workers' compensation leave due to work-related injury
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 (909) 663-2100 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.
PRACTICE AREAS:
Our Firm: No Upfront Fees or Costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving San Bernardino County
We have proudly served all of San Bernardino County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Practice Areas
Discrimination
Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.
Unpaid Wages & Overtime
Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.
Sexual Harassment
Compassionate and effective representation for sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Francisco / Bay Area
524 Union St, #400,
San Francisco CA 94133
San Jose / Silicon Valley
111 N. Market St, #300,
San Jose CA 95113
Torrance / South Bay
3655 Torrance Blvd, 3rd Floor,
Torrance CA 90503
Additional Sites
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment and wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment and wrongful termination law by Karl Gerber.
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