Call Today For The Counsel You Deserve | 415-445-0900

Call Today For The Counsel You Deserve 415-445-0900

Le Clerc & Le Clerc LLP
We Help Protect
California's Employees

Protecting Your Right To Take Care Of Yourself And Your Family

There are times in life when you need to take leave from work for a while to take care of medical, emotional or practical matters for yourself or your family. It happens to everyone at some point in life. Employers are required by law to allow for these times and to accommodate employees without retaliation.

At Le Clerc & Le Clerc LLP, our lawyers can protect your right to leave from work. We have a thorough understanding of the laws and procedures surrounding work leave. Our attorneys will fight for your right to take care of yourself and your family.

Medical Leave Law

One of the most important laws in the area of taking leave is the Family and Medical Leave Act (FMLA). Signed into law in 1993, the FMLA, federal law, protects the right of employees to take leave from work to take care of themselves and their families in certain circumstances:

  • Birth of a new child and caring for the child
  • Taking care of a seriously ill spouse or child
  • Recovery from a serious illness
  • Military deployment of employee or employee’s family member
  • Serious injury of servicemember in the employee’s family

In addition to the FMLA, California employees have the protection of the California Family Rights Act (CFRA). Similar to the FMLA, the CFRA protects the right of employees to take leave from work to take care of themselves and their families in certain circumstances:

  • Birth of a new child and caring for the child
  • Taking care of a seriously ill spouse (including those in same-sex marriages), registered domestic partner, child (of any age), child of a domestic partner, sibling, grandparent or grandchild
  • Recovery from a serious illness
  • Military deployment of employee or employee’s family member
  • Serious injury of servicemember in the employee’s family

An employee qualifies for CFRA leave if they work for an employer with 5 or more employees, have been employed for one year (breaks in service are allowed), and have worked at least 1,250 hours during the past year. To be eligible for FMLA an employee must also work at a location where the employer has 50 employees within 75 miles.

The Differences Between California and Federal Leave

While employees are not entitled to stack the two leaves (i.e., take CFRA and then FMLA or vice versa), the CFRA is more employee-friendly. A California employee is typically entitled to the protection of California law, despite federal law containing a stricter eligibility threshold.

The law ensures that employees can take leave during these times. Although there is no legal guarantee of pay for these times of leave, the law demands that employees’ jobs are secure and available to them after returning from leave and that employers do not retaliate against employees for using this time.

We protect our clients’ right to take leaves of absence for disability issues, including postpartum disabilities. You also have the right to take leave for the medical care of a spouse or child if the situation is serious.

Whatever situation is causing you to need leave from work, our lawyers can help make sure your rights are protected.

Contact Le Clerc & Le Clerc LLP

To schedule a consultation with an attorney from our firm, call 415-445-0900 or email us today.