When it comes to taking a leave of absence in Fresno, a good number of local employers do not have a proper understanding of the law. This is especially true regarding a medical leave of absence. You have an excellent chance of receiving compensation if your employer refuses your request to take a leave of absence and/or retaliates against you in any way. It is imperative that you speak with an employment attorney if you have an issue with your employer regarding a leave of absence.
The term “leave of absence” refers to one`s absence from work due to being sick or caring for certain family members who suffer from a serious health problem. It also refers to a pregnancy leave for birth or the adoption/foster care placement, leave for jury duty, medical leave, disability leave, military leave and leave due to a work-related injury.
Every working Californian has the right to take one of the leaves listed above. The Family Medical Leave Act (FMLA) empowers you to take time off from work when suffering a particularly serious health problem or to care for a family member with a health condition. Taking worker protection a bit further is the California Family Rights Act. This law provides similar but enhanced protection. You will qualify if your employer has over 50 employees, if you have been employed 1,250 hours or more during the year before the requested leave and have not taken over 12 weeks of this leave or FMLA throughout the past year.
Ideally, the employer will talk with the employee regarding what type of absence is appropriate, whether the law permits it and how long it will be. However, employers often disregard leave of absence laws and attempt to intimidate employees into working. Employees can help their cause by being highly specific about the medical condition, the doctor's orders and the amount of time that will be needed away from work.
What A Leave Of Absence Allows
In general, those who are eligible for a leave of absence are permitted to take up to 12 full weeks of unpaid leave. These can be consecutive or nonconsecutive within a full year's period when treating a serious medical problem for either you or your family. Those who are disabled might be empowered to take an even longer leave of absence from work. There might even be restrictions that must be put in place upon your return to work. Conference with your leave of absence attorney and he will advise you as to whether certain restrictions can be implemented upon your return to work. Or, your employer might have a duty to create a working environment with reasonable accommodations for your specific restrictions.
If your employer has disallowed your leave of absence or has retaliated against you for requesting or taking a leave, you might be able to obtain compensation. Lean on our expert leave of absence attorneys to evaluate your case and determine if you really do qualify for a leave of absence or if there is a legal exception. We`ll discuss all available options to help you win the financial compensation that you rightfully deserve. Call us now!
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