Understandably so, you may face a challenging or otherwise significant life event that requires you to take time away from your workplace. At this time, you may not be concerned about going an extensive time without pay. Rather, your worries may lie with whether or not you can return to your job post afterward. This is where the concept of protective leave comes into play. Read on to discover the federal and state laws that govern protected leaves of absence from the workplace and how one of the seasoned California protected leave lawyers at Stansbury Brown Law can work to ensure your rights are not violated by your employer.

What California laws govern protected leave from the workplace?

First of all, you must be made aware of the federal Family and Medical Leave Act (FMLA). Essentially, this Act affords you up to 12 weeks of unpaid leave to handle any of the following situations:

  • You need to attend intensive medical treatments.
  • You need to care for an immediate relative who is ill.
  • You need to care for your newborn or newly adopted child.
  • You need to care for a relative who is back from active duty in the military.

What’s more, FMLA may only apply to you under the following circumstances:

  • You work for an employer who has at least 50 employees on their payroll.
  • You work for an employer who has employees living within a 75-mile radius of the workplace.
  • You have been an employee at your company for at least 12 months.
  • You have worked at least 1,250 hours within the last 12 months for your company.

Secondly, you must understand the California Family Rights Act (CFRA). This Act offers similar protections to that of the FMLA. However, it may better apply to you if you work for an employer who has at least five full or part-time employees on their payroll.

What should I do if I am wrongfully denied a leave of absence by my California employer?

Simply put, you may have been wrongfully denied your rights to protected leave in any of the following events:

  • Your employer may have blatantly denied your request for a leave of absence.
  • Your employer may have interfered with your leave of absence by requesting your return to the workplace earlier than 12 weeks.
  • Your employer may have given your job position to another employee while you were taking your leave of absence.
  • Your employer may have retaliated against you in some other way after your return from your leave of absence.

If you have fallen victim to any of the events mentioned above, then you must immediately seek legal assistance. That said, the best way to ensure your protection in the workplace is to employ one of the competent Los Angeles employment lawyers. So please do not hesitate to get in touch with Stansbury Brown Law, PC today.