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Retaliation For Taking Medical Leave Attorney in Los Angeles

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.

Laws Regarding Medical Leave in Los Angeles

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:

  • 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 (starting January 1, 2018).
  • 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.

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.