Under the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), you have the right to take leave for the following reasons:
- Medical leave of absence to care for yourself or a family member
- Pregnancy leave
- Maternity or paternity leave
- Disability leave
- Military leave
- Leave for jury duty
If your employer fires you or otherwise takes adverse employment action against you for taking a leave of absence that is protected under the FMLA or CFRA, you may be entitled to compensation for resulting damages. At Wilshire Law Firm, our award-winning leaves of absence lawyers specialize in cases involving allegations of FMLA and CFRA violations. To receive a comprehensive evaluation of your case, call us at (213) 805-8549. We are on-call 24 hours a day, 7 days a week.
FMLA and CFRA Requirements and Rights
The FMLA and the CFRA cover all employees who have been working at least a year, and at least 1250 hours during the preceding 12 months, for an employer with 50 or more employees. Employees who take leave must first request it in a timely fashion, as well as submit appropriate paperwork and documentation, such as medical certifications for sick leave.
If an employee’s job has been eliminated or changed during his or her leave of absence, he or she must be offered a similar job or one that offers comparable pay, opportunities for advancement, and involves identical duties. However, if no such job is available, the employee doesn’t have a right to return to work.
Can a Person Be Fired During a Leave of Absence?
In most cases, employers cannot fire an employee who has taken a valid leave of absence under the FMLA or the CFRA; however, there are exceptions to the rule:
- FMLA and CFRA laws don’t cover those who work for smaller companies (less than 50 employees).
- Employees who are top 10% earners in their company may be denied their same position when returning if it would constitute a “substantial” or grievous financial burden to the business.
- Employees on leave may still be subject to company-wide layoffs.
- Employees can be terminated for taking invalid or improper leave.
While employers are not required to pay employees during a leave, they may require an employee to use accrued vacation time or other accumulated paid leave.
Remedies for FMLA and CFRA Violations
If your employer has denied your right to take FMLA or CFRA leave, or has taken adverse employment action against you for taking leave, you may be entitled to legal remedies. These can include remedies such as being reinstated to your previous position, legal damages for lost wages, and other actions. We strongly recommend you consult our legal team to find out what remedies may be available in your case.
Consult an Experienced Leaves of Absence Attorney
To speak to one of our trusted leaves of absence attorneys, call (213) 805-8549. We would like to advise you on the best course of action to get justice and compensation for the damages you have suffered as a result of unfair workplace treatment.