Practice Area

Family & Medical Leave

Bluestone Law Fights to Protect Workers’ Rights to Family, Medical, and Pregnancy Leave

California employers must, by law, allow their employees certain legally protected forms of leave. If they refuse to grant such leave or punish an employee for taking such leave, they are subject to liability under a variety of California and Federal laws.

There are a several laws that protect 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 California. The California Pregnancy Disability Leave (PDL), New Parent Leave Act, California Fair Employment and Housing Act (FEHA), and the Americans with Disabilities Act (ADA) also include provisions regarding medical leave.

Some of the rights to take leave under these laws include:

  • The right to care for a sick family member.
  • The right to take leave to heal from a serious medical condition.
  • The right to paid sick leave (once an employee has worked at least 30 days within the year, and after the 90-day waiting period)
  • The right to leave due to pregnancy, childbirth, or a related condition.
  • The right to up to four months of leave for pregnancy or related disability.
  • The right to take medical leave to bond with a new child.
  • The right to bond with a new child for up to 12 weeks if the employer has 20 to 49 employees.
  • The right to take leave for the introduction of an adopted or foster child.
  • The right to handle practical matters due to a family member’s military service.
  • The right to up to 10 days of unpaid leave while a spouse is on military deployment during a period of conflict.
  • The right to take up to 26 weeks off to care for a spouse, child, or parent who suffered illness or injury while serving in the military.
  • The right to take time off to care for a domestic partner or child of a domestic partner.

Know Your Rights to Take a Leave of Absence

If you take one of these leaves, you may be entitled to the same or a comparable job upon your return from the leave. If you were not allowed the above leaves or were retaliated against or harassed after obtaining said leaves, then you have a right to file damages against your employer. However, if you are claiming damages under the FMLA, you should know that there are minimum standards you need to comply with in order to be eligible under the law. If you want to make sure that you get the highest compensation you deserve for violation of your FMLA rights, the best thing to do is seek help from Bluestone Law in Los Angeles.