You are entitled to certain types of leaves under both California and Federal Law. However, some employers ignore these rights and either (1) prohibit an employee from taking a leave that the employee is entitled to; (2) firing the employee for asking to take the leave; or (3) fire the employee for actually taking the leave. Having to face discrimination for requesting or taking a leave under the law can have a significant impact on a person.
A seasoned Discrimination Attorney can speak with you at The Law Office of George Moschopoulos, APC. Call now for a FREE 30-Minutes consultation over the phone.
Types of Leave
California and Federal Law provide for certain leaves that employees who work for a covered employer can take.
Family Medical Leave Act(FMLA) allows an employee who has worked at least for twelve consecutive months for a covered employer to take up to a twelve weeks of unpaid leave for, including, but not limited to, the birth of a child, placement with employee of child for adoption; to care for a spouse, child or parent; or if a serious health condition prevents an employee from performing the essential functions of the job.
California Family Rights Act (CFRA) is California’s counterpart to FMLA. An eligible employee may take an unpaid leave the birth of a child for purposes of bonding, for placement of a child in the employee’s family for adoption or foster care, for the serious health condition of the employee’s child, parent, or spouse, and for the employee’s own serious health condition.
In addition to FMLA and CFRA, a pregnant woman may take leave for up to four months if the woman becomes disabled due to the pregnancy.
You may be entitled to take leave under FEHA/ADA if it qualifies as a reasonable accommodation and if you are a person with a disability who required such accommodation.
If your employer is refusing to allow you to take these leaves then it’s time to Call a seasoned Employment Attorney at The Law Office of George Moschopoulos, APC.