Legal Protections For Taking Leave From Work

There are numerous circumstances which permit an employee to take legally protected time off work for reasons other than their own health, the most frequent of which include:

Leave To Care For Ill Family Members

There are several statutes that provide employees the right to take time off of work to care for family members. For example, if an employee's immediate family member suffers from a serious medical condition and the employee wants to take time off to care for or provide comfort to that family member, then the employee is eligible for legally protected leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), provided the employee meets eligibility requirements. An eligible employee can take up to 12 weeks per year off pursuant to the CFRA or FMLA. This 12-week period is extended up to 26 weeks if the family member is a covered veteran under the Medical Caregiver Leave.

Additionally, California has a "Kin Care" statute which permits employees to use a portion of their sick leave benefits to care for their child, parent, spouse or registered domestic partner. This leave can be for regular illnesses, such as a common cold or flu, as well as the more serious health conditions covered under the FMLA and CFRA.

Leave For Victims Of Domestic Violence And Sexual Assault

California law, as well as other laws, specifically provides an employer must not discharge or discriminate against an employee who is the victim of domestic violence, sexual assault or stalking in order to obtain or attempt to obtain relief, such as a restraining order to help ensure his or her family's safety. The law also requires such victims be permitted time off work for other reasons, such as seeking medical or psychological treatment, or to obtain similar services.

These same laws require the employer to make reasonable accommodations for employees in the workplace to address these items.

Jury Duty

California law requires employers to provide employees time off work for jury duty, if the employee provides reasonable notice prior to taking the time off.

Were You Denied Protected Time Off Work?

If you believe your employer denied you legally protected time off work, contact us for a free consultation. Le Clerc & Le Clerc LLP has significant expertise representing current and former employees in these types of cases.

To schedule a free initial consultation to see if you have a case, call us at 415-445-0900 or contact us online.