Leaves of Absence Lawyer Orange County

If you took a leave of absence and then were fired or suffered some other bad consequence, you may have legal claims against your employer. California state law protects workers and affords them to take leaves of absence depending on the circumstances. If you’re wanting to know what your rights are, don’t hesitate to reach out to Sessions and Kimball. We are happy to walk you through your rights for taking temporary time off. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.

Find A Lawyer Who Can Help

If you need to take time off, it’s a good idea to speak with an attorney to make sure you know what your rights are. Are you entitled to take the time off, or can your employer fire you because of your absence? How long does your employer need to hold your position? Are you entitled to your pay while you are gone? All of these are essential questions, and the more educated you are on the topic, the better protected you are.

California Family Rights Act (CFRA)

In California, the primary law governing leaves of absence is the CFRA, which is similar to the Family Medical Leave Act (FMLA). In the following circumstances, you are permitted to take a leave of absence under the CFRA:

  • You need time off due to the birth of your child
  • You need time off to take care of your child who suffers from a serious health condition
  • You need time off to care for a parent who suffers from a serious health condition
  • You need time off to deal with your own serious health condition that makes you unable to perform your job

Keep in mind that there are other laws that govern different types of leaves of absence, such as the pregnancy disability leave law, which allows you to take time off if you suffer from a disability due to pregnancy, childbirth, or other related medical conditions.

How Much Time Can You Take Off Under The CFRA?

According to the CFRA, you can take up to 12 weeks off in any 12 months. This means you can take off 12 weeks in a row or split the time up. During this time, your job is legally protected, meaning your employer must hold your job for you and allow you to return to the same or a comparable position. Additionally, if you’re part of a group health plan, your employer must continue to pay for your health and dental insurance.

Who Qualifies?

According to the CFRA, the following criteria must be met in order to qualify for a leave of absence under this law:

  • You’ve been employed at the company for at least 12 months
  • During those 12 months, you have worked 1,250 hours or more (an average of 5 hours per workday)
  • Your employer does business in California
  • Your employer has at least 20 employees within a 75-mile radius of your workplace

Take The Time You Need

If you need a leave of absence, you deserve to be able to take the time you need without worrying about the consequences. That’s where we come in. If you have any questions or concerns, at Sessions & Kimball our employment attorney in Orange County are happy to help you figure out how much time off you’re allowed to take. If you believe you’re entitled to time off and your employer isn’t permitting you to take it, we can help. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.