ArticlesWorkplace Rights

You Have The Right To Take A Leave Of Absence

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right to take a leave of absence

Don’t be treated unfairly! You have the right to take a leave of absence at your work.

Some of the medical reasons you may need to take a leave of absence at your work include:

  • Pregnancy leave
  • Maternity leave
  • Paternity leave
  • Disability leave
  • Jury Duty leave
  • Military leave
  • Bereavement
  • Injuries
  • Family emergencies

You have the right to take a leave of absence at your work under the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Not all employers know the laws and rights of their employees. If your employer has terminated your employment due to your leave of absence that is protected under the FMLA, then you can fight it. If your employer did not terminate you, they may have retaliated against you or demoted you for the leave. In either scenario, your employer may have violated FMLA or CFRA.

What are the other requirements in order to be protected under FMLA and CFRA?

Employees are covered under these Acts if they:

  • Worked at the same job and the employer had at least 50 employees, for at least a year and at least 1250 hours during the previous year.
  • Employees must follow standard protocol for taking leave of absence. They must submit all the right paperwork and in a timely manner.

If you qualify under FMLA and CFRA, then you could take legal action to obtain a remedy. How do you take legal action?

It’s important to speak to your attorney regarding the case. Try a free consultation with an attorney in your area. Depending on the circumstances, you may be able to fight and win your case. If you do, you could:

  • Obtain your old work position;
  • Obtain damages for lost wages;
  • Obtain other actions.

If you have questions or would like more information, send us a message.

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Clare Lithgow

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