Protected Leaves in California
California has a number of labor and employment laws in place to protect workers. In fact, California has even more protected leave laws than most of the country. In addition to protected leaves that apply nationally, eligible employees in California have the right to take time off work for pregnancy-related disabilities, to donate an organ or bone marrow, to help sick relatives, to serve in the military, or to deal with certain other family, medical, or personal matters. California leave laws also protect employees from unlawful discrimination, harassment or retaliation as a result of requesting or taking protected leave.
If your employer has retaliated against you because you requested or took a leave of absence, contact our skilled California employment law attorneys at Davtyan Law Firm today to discuss your legal options.
Types of Protected Leave in CA
Employees have certain personal needs that must be considered by employers, and California leave laws were developed with these various needs in mind. The state of California has some of the most generous leave laws in the country, making California employees some of the most protected employees in the nation in terms of taking time off work. The following are some of the protected leaves available to eligible California employees under state and federal laws:
- Family and Medical Leave Act (FMLA)
- California Family Rights Act (CFRA)
- New Parent Leave Act
- Pregnancy Disability Leave
- Military Service Leave
- School Activities and Appearance Leave
- Victims of Domestic Abuse, Sexual Assault and Stalking Leave
- Crime Victims Leave
- Jury Duty and Witness Leave
- Voting Leave
- Organ and Bone Marrow Donation Leave
Laws Prohibiting Discrimination & Retaliation
The most important component of California leave laws is the fact that these laws are “protected.” This means California employers are required to rehire eligible employees who take a protected leave of absence to their previous position or to a similar position at the end of their leave. After all, there is little point in an employee taking a “leave of absence” if they won’t be able to return to their job when the leave is over. The term “protected” also means that employers in California cannot discriminate against, retaliate against or otherwise take negative employment action against employees who request or take a protected leave. Unlawful discrimination or retaliatory action against an employee who takes a protected leave of action may include any of the following:
- Wrongful termination
- Wrongful demotion
- Wrongful refusal to promote
Legal Remedies for Leave Law Violations
Too often, California employees’ rights are violated by employers who refuse to comply with state and federal leave laws, and these employees may not realize that the law provides them with legal remedies in these situations. Any eligible employee denied the right to take a leave of absence provided by law, without punishment, may have grounds to sue his or her employer. California law prohibits employers from interfering with an employee exercising or attempting to exercise his or her protected leave rights. An employee who has been denied the right to take a protected leave of absence, or punished or discriminated against for requesting or taking leave may be able to file a lawsuit for a leave law violation.
Contact Our CA Employment Law Attorney
If you believe you have been wrongfully terminated for taking a protected leave of absence in California, or if your employer refuses to grant leave you believe you are entitled to, contact our knowledgeable California employment law attorney at Davtyan Law Firm as soon as possible. Our legal team has a clear understanding of California employment law and we have extensive experience protecting the rights of California workers whose employers violate these laws.
With the help of our legal team, you may be able to file a lawsuit against your employer for a California leave law violation, to get your job back and/or recover lost wages and other monetary damages.