Medical Leave At Work
Employees should never have to choose between their health and their jobs. Fortunately, the law recognizes this and provides many protections for employees who need to take time off of work to obtain medical care and treatment. However, in too many cases, employers try to deny this basic right, and you need to fight to protect your career if you need to take medical leave.
At Le Clerc & Le Clerc LLP, we can help you. Serving clients in San Francisco and the surrounding California areas, our lawyers know the law and we know how to protect your rights at work. If you are in need of medical leave, our attorneys can help you
Which Laws Protect You?
If an employee has a serious medical condition and needs time away from work, both California and federal laws provide protected time away from work for qualified employees. California’s leave law is known as the California Family Rights Act (CFRA) and the federal law is known as the Family and Medical Leave Act (FMLA).
Under California law, an employee qualifies for the 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.
Under federal law, an employee qualifies for the leave if they have been employed for one year (breaks in service are allowed), have worked at least 1,250 hours during the past year, and work at a location where the employer has 50 employees within 75 miles.
A California employee is typically entitled to the protection of California law, despite federal law containing a stricter eligibility threshold.
A qualified employee is entitled to take up to 12 weeks of leave for medical care and treatment for his or her own serious medical condition on the advice of his or her medical care provider. The employer must provide, in writing if requested, a written guarantee of reinstatement to the same or similar position as the employee held prior to his or her leave.
Employees are also entitled to use this leave to provide care and comfort for their immediate family members and bond with their newborn baby, in addition to other types of protected time off work.
Leave As An Accommodation
Employees who do not qualify for protected leave, or who have exhausted their protected leave, are not without legal protections. In addition to the leave laws, employers must provide a finite leave of absence to an employee as a reasonable accommodation. This can include time for treatment, recuperation and medical appointments if the employee is not able to schedule them around work.
Contact Us To See If You Have A Claim
If you were denied a leave you were qualified for or demoted or terminated for taking time off work for medical treatment, then you should contact an attorney and our law firm will carefully review your specific situation to determine all your options. We care about protecting the rights of individuals to receive medical care. To schedule a free initial consultation at our San Francisco office, call a lawyer at 415-445-0900 or contact us online.