MEDICAL LEAVES

Our lawyer has represented numerous employees in lawsuits involving violations of medical leave laws. As a result, we know the laws well, including the pregnancy disability and family medical leave of absence laws, and can advise you regarding your legal rights.

Are you eligible for a medical leave of absence?

Federal and state law authorizes eligible employees to take up to 12 weeks of job-protected leave. The federal law, known as the Family and Medical Leave Act (“FMLA”), covers employers with 50 or more employees within a 75-mile radius of the employee requesting leave. And the California Family Rights Act (“CFRA”) covers employers with five or more employees. To be eligible for a medical leave of absence under the FMLA or CFRA, a Los Angeles employee must meet the following criteria: (1) employed for at least 12 months from the date leave begins, and (2) worked at least 1,250 hours during the previous year.

What are the reasons for medical leave?

Under the FMLA and CFRA, an employee may be entitled to 12 weeks leave for any of the following reasons:

• serious health condition of the employee;
• serious health condition of a child, spouse, or parent;
• birth of a child and care for the child;
• placement of a child with the employee for adoption or foster care;
• an emergency relating to a family member on active duty; or
• to care for an injured servicemember or veteran during rehabilitation.

Additionally, the CFRA permits employees to take a medical leave of absence for a serious health condition of a parent-in-law, grandparent, sibling, domestic partner, or other designated person.

There are a few other important differences between the FMLA and CFRA, including that a serious health condition under the FMLA includes any period of incapacity due to pregnancy. In contrast, disability due to pregnancy, childbirth, or a related medical condition is not included as a serious health condition under the CFRA.

Is the right to leave absolute?

Yes. If an employee meets the requirements for leave, an employer must grant the medical leave of absence. Furthermore, an employee returning from CFRA or FMLA leave is entitled to be reinstated to the same position they held before their leave or to an equivalent position if the employee’s position no longer exists. An equivalent position means the same pay, benefits, and other terms of employment.

What about medical leave for pregnancy?

In addition to the FMLA and CFRA, California’s Pregnancy Disability Leave Law (“PDLL”) requires employers to provide an employee disabled by pregnancy, childbirth, or a related medical condition up to 4 months of job-protected leave. Notably, the four months of leave guaranteed by the PDLL is a floor, not a ceiling. This interpretation means that an employer may be required to grant an extended leave of absence beyond the four months provided under the PDLL for an employee who continues to be disabled by pregnancy.

Call Our Medical Leave of Absence Attorney Today

If your employer has retaliated against you for requesting a leave of absence or denied you leave, we can help. To assess your situation and discuss the appropriate legal remedies, contact our office today for a free consultation regarding the medical leave of absence laws.

For more information on medical leave issues, look at my blogs titled Working While on FMLA Leave: What Employers Can and Cannot Ask of You and Maximum Leave Policies that Violate the ADA and FEHA.