Understanding Your Rights
Various federal and state laws protect employees' rights to take leaves of absence under specific conditions. The key laws include:
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Family and Medical Leave Act (FMLA): This federal law entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including the birth or adoption of a child, personal or family illness, or military family leave. Employees are also entitled to continuation of group health insurance coverage under the same terms and conditions as if they had not taken leave.
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California Family Rights Act (CFRA): Similar to the FMLA, the CFRA allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for their own serious health condition, to care for a family member with a serious health condition, or for the birth or adoption of a child. This leave is in addition to any leave provided under the FMLA.
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California Pregnancy Disability Leave (PDL): This state law allows employees to take up to four months of leave for disabilities related to pregnancy, childbirth, or related medical conditions. PDL is available regardless of the employee’s length of service or the size of the employer.
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Paid Family Leave (PFL): In California, employees may be eligible for up to eight weeks of partial wage replacement benefits for time off to care for a seriously ill family member or to bond with a new child.
Common Types of Leave
- Medical Leave: For personal or family medical issues, including recovery from surgery or treatment for chronic conditions.
- Parental Leave: For new parents to bond with a newborn, newly adopted child, or a new foster child.
- Military Leave: For employees who need time off due to military service, including deployment and training.
- Bereavement Leave: Time off to grieve and manage affairs after the loss of a loved one.
- Personal Leave: Unpaid leave for various personal reasons not covered under other specific leave categories.
Employer Obligations
Employers are required to adhere to these laws and provide the appropriate leave without retaliating against employees who exercise their rights. This includes maintaining health benefits during the leave period and reinstating the employee to the same or an equivalent position upon return.
How We Can Help
At SAW LAW GROUP, we offer comprehensive legal services to help employees navigate the complexities of leave laws. Our services include:
- Consultation and Advice: Understanding your eligibility and rights under federal and state leave laws.
- Representation: Legal representation if your employer denies your rightful leave or retaliates against you for taking leave.
- Documentation: Assistance in preparing and submitting necessary documentation to request leave.
- Dispute Resolution: Resolving conflicts with employers regarding leave entitlements.
Contact Us
If you believe your rights to take a leave of absence have been violated or if you need assistance understanding your leave options, contact SAW LAW GROUP. Our experienced attorneys are here to provide the support and representation you need to protect your rights and ensure fair treatment in the workplace.
