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Understanding Your Employee Rights About Protected Leave

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.

You should contact an employment lawyer at RD Law Group if you think you have been fired or discriminated against for taking protected leave. An experienced employment lawyer can help you understand your rights and options.

Protected leave rights are important for employees in California.

Defend Your Rights When You Are Denied Protected Leave

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.

Have Your Protected Leave Rights Been Violated?

If you think your employer has violated your protected leave rights, contact an experienced employment lawyer at RD Law Group.

Understand 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.

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.

01

Free Consultation

We always begin with a free consultation with one of our skilled attorneys.

02

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.

03

Begin Work on Your Case

When hiring us, we will begin work on your protected leave case as soon as possible.

04

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

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.

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.

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.

Call Today to Ask Us Any Questions About Protected Leave Claims

We are here to help you through your Protected Leave employment problem. Our California employment attorneys provide legal services starting with a free consultation.

Our “Fast + Easy Process” allows you to schedule a virtual free consultation to speak with an RD Law Group attorney quickly during regular business hours.

Our “Fast + Easy Process” includes an initial free virtual consult. Then all paperwork, including the retainer agreement, can be done via DocuSign online. Our appointments are virtual for your convenience. Our goal is to make working together as easy as possible for you. 

Don’t suffer in silence

Contact us or text us today at 424-535-1500 for help with any Protected Leave problem that is too much for you to handle on your own. Or submit the web form below.

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Throughout the Entire Claims Process.

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We handle all types of employment cases and serve the entire state of California including these areas:

Los Angeles employment lawyers, San Bernardino employment lawyers, Anaheim employment lawyers, Long Beach employment lawyers, Santa Monica employment lawyers, Irvine employment lawyers, Riverside employment lawyers, Palm Springs employment lawyers, Bakersfield employment lawyers, Lancaster employment lawyers, Pasadena employment lawyers, Burbank employment lawyers, Huntingdon Beach employment lawyers, California employment lawyers, Glendale employment lawyers, Thousand Oaks employment lawyers