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As an employee in California, it’s your right to take medical leave without adverse employment actions (if you qualify). There are federal and California laws protecting the right of California employees to take such leave. If you believe an employer wrongfully refused to give you medical leave, or retaliated against you for taking a justified leave, talk to a lawyer at The Law Office of Omid Nosrati. Our Los Angeles employment lawyers can help you stand up to your employer and help you fight for justice.
There are a several laws and acts that discuss employees’ rights to take medical leave without fear of job termination. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) are the two main statutes dealing with medical leave in The Golden State. There are also the California Pregnancy Disability Leave (PDL), New Parent Leave Act, California Fair Employment and Housing Act (FEHA), and the Americans with Disabilities Act (ADA) that may involve provisions regarding medical leave.
Here’s an overview of some of the rights you might have under these laws:
It’s important to note that not every employee is eligible for all types of medical leave. The laws of the FMLA only apply to all employers with 50 or more employees. Employees are eligible for FMLA medical leave only if they’ve worked for the company at least 12 months and 1,250 hours.
The CFRA also applies to employers with at least 50 employees. Other acts apply to smaller companies. If you’re unsure about whether the law permits you to take paid or unpaid medical leave at work, talk to one of our employment attorneys in Los Angeles. It can be difficult for employers to observe all these leave laws, but they must stay within the confines of the law. If you believe your employer is in the wrong, call (310) 553-5630 to request a free consultation.