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Los Angeles Protected Leave Lawyer

In California, employees have the right to protected leave or time off from their job for certain reasons. Protected leave rights are designed to protect employees from being fired or discriminated against for taking time off work. If you have been fired or discriminated against for taking protected leave, you may be able to file a claim. Contact a seasoned Los Angeles protected leave lawyer from RD Law Group today to learn more about how we can help.

Protected Leave Lawyer | Here to Fight for Your Rights

If you think you have been fired or discriminated against for taking protected leave, the most important thing you can do is contact an experienced Los Angeles County employment lawyer at RD Law Group. Our legal team can help you understand your rights and options and fight for the best outcome possible on your behalf.

What are the Types of Protected Leave?

Protected leave rights are important for all employees in California. Below are eight types of protected leave:

  • Pregnancy Disability Leave or pregnancy leave
  • Childbirth and Recovery Leave
  • Parental Leave
  • Family and Medical or Sick Leave
  • Military Family Leave
  • Domestic Violence, Sexual Assault, or Stalking Victim Leave
  • Victims of Crime Leave
  • Kin Care Leave

Are All Employees Covered Under the Protected Leave Act?

All employees in California have protected leave rights under the California Family Rights Act (CFRA) and the Pregnancy Disability Leave Law (PDLL).

However, there are some exceptions to these laws. For example, if you work for a small employer with fewer than 50 employees, you may not be covered by the CFRA. If your pregnancy is not considered a disability under the PDLL, you may not be eligible for protected leave under that law.

If you’re unsure whether you’re covered by the CFRA or PDLL, or if you have any other questions about your protected leave rights, it’s best to speak with your HR department. They can help you understand your rights and options under your employer.

The California Family Rights Act

The California Family Rights Act (CFRA) entitles eligible employees to up to 12 weeks of unpaid leave if they need to care for a family member, take care of their own medical issues, or spend time with their new child.

The law requires employers to provide their covered employees with unpaid protected leave (or similar accommodation) when the employee has been disabled due to childbirth, pregnancy, or another related medical condition.

Covered employees may take this leave for up to 12 weeks in any 12-month period, and they have the option to take this protected leave in various increments throughout that year.

The Family and Medical Leave Act

Under federal law, the Family and Medical Leave Act (FMLA) establishes that employers must provide eligible full-time employees up to 12 weeks of unpaid leave for family or medical reasons during any 12-month period.

FMLA is like California’s family rights law and can be taken in connection with:

  • The birth or adoption of a child
  • Caring for a child with a medical condition
  • Caring for an ill spouse
  • Caring for an ailing parent
  • An employee’s own disabling medical condition
  • If the employee is a military member, they qualify for up to 26 work weeks of leave in a 12-month period.

RD Law Group has years of experience with protected leave claims.

Kin Care in California

If you have a family member who is sick or injured, you may be able to use some of your sick leave to care for them. This is called kin care, and it is a right that California law gives to employees who have accrued sick leave. Kin care covers a wide range of family members, including your spouse, child, parent, grandparent, grandchild, sibling, or registered domestic partner.

Kin care allows you to use up to half of your annual sick leave for family-related reasons, such as seeking diagnosis, treatment, or preventive care for a health condition, or supporting a family member who is a victim of domestic violence, sexual assault, or stalking. You can decide whether to use your sick leave as kin care or personal sick leave, and your employer cannot deny your request or retaliate against you for using kin care.

Importantly, however, kin care only applies if your employer offers accrued sick leave to workers. If your employer does not provide sick leave, or if you need more time off than kin care allows, you may be eligible for other types of leave, such as paid family leave or family and medical leave.

If you think your kin care rights have been violated by your employer, you may be able to file a complaint with the Labor Commissioner or a civil lawsuit for damages. An experienced Los Angeles employment lawyer can help you understand your options and protect your interests.

The Steps of Pursuing a Protected Leave Claim

At RD Law Group, our lawyers advocate for you in protected leave cases. Our intake system begins with a focus on our clients.

  1. Free Consultation: We always begin with a free consultation with one of our skilled attorneys.
  2. Explain the Process: We will explain the process for protected leave cases and provide an informed assessment as to whether we believe that you have a substantial claim for protected leave violation.
  3. Begin Work on Your Case: When hiring us, we will begin work on your protected leave case as soon as possible.
  4. Settle Your Case: We’ll negotiate the best result on your behalf.

If you feel your employer violated your protected leave, contact one of our employment lawyers for help.

Commonly Asked Questions About Protected Leave

How do you know if you qualify for CFRA leave?

In California, your employer must have at least five full- or part-time employees for them to be covered by the CFRA regulations. Employees who have worked for more than 12 months with their employer and have accrued at least 1,250 hours with that employer may qualify for CFRA leave.

Do you qualify for CFRA leave if you are adopting your foster child?

If you are an eligible employee under the CFRA, then you can take a job-protected CFRA to leave to bond with your newly adopted child. This includes children by birth, adoption, or foster care placement that takes place within one year of your child’s birth, adoption, or foster placement.

The CFRA has a broad definition of “child,” including a biological child, an adopted child, a stepchild, a foster child, a legal ward, a child of your domestic partner, or a child for whom a person holds out to be their own child. The law applies if you are a biological parent, an adoptive parent, a foster parent, a parent-in-law, a legal guardian, or a stepparent.

Others may qualify under military service provisions.

If you must take care of your sick grandparent, can you qualify for CFRA?

Under the CFRA, if you are an eligible employee, you may take protected leave to care for a spouse, child, parent, grandparent, grandchild, domestic partner, or sibling with a significant health condition. The CFRA also allows you to take leave for your own significant health conditions.

Contact a Protected Leave Lawyer Today

We are here to help you through your Protected Leave employment problem. Our California employment attorneys provide legal services starting with a free consultation. Contact RD Law Group today so we can get started working on your case.

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