Your Case Matters. Here To Fight For You.

Advocating For Workers In Disability And Leaves Of Absence Matters

California law provides key protections for workers regarding disabilities and leaves of absence. If your employer has violated your rights in these areas, taking prompt action can be crucial. Attorney Daniel E. Richardson is committed to standing up for the disability and leave rights of employees in Northern California. Drawing on his experience, including a background defending Fortune 500 companies, he provides legal strategies tailored to your goals. The firm operates on a contingency fee basis, meaning there are no fees unless monetary relief is obtained in your case.

Fighting Disability Discrimination

The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act prohibit disability discrimination in the workplace. It is illegal for an employer to fire, demote, reduce pay, refuse to hire, or otherwise negatively treat a worker because of a disability. Understanding your rights and the protections afforded to you is essential.

Pursuing Reasonable Accommodations

State and federal laws require employers to provide reasonable accommodations to workers with disabilities to enable them to perform their jobs, unless doing so would pose an undue hardship to the employer. Being aware of what constitutes a reasonable accommodation can help you navigate your situation effectively.

Understanding Medical Leave Laws

Two key medical leave laws for California workers are the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Both laws give eligible workers the right to unpaid leave for:

  • Serious health conditions
  • Caring for certain family members with a serious health condition
  • The birth, adoption, or fostering of a child
  • A qualified situation that arises because your spouse, child, or parent is a military member who is on active duty or has been called to active duty.

While the laws are similar, there are important differences. For example, the CFRA allows leave to care for a wider range of family members. An experienced attorney can help you understand these distinctions and determine if you are eligible for leave under these laws.

How Much FMLA And CFRA Leave Can You Take?

Both the FMLA and CFRA generally allow eligible workers to take up to 12 weeks of unpaid leave per year. In many cases, employers can have both types of leave run concurrently. If you have been denied leave or believe you should have been granted more leave than you received, it’s important to understand your rights.

Can You Be Fired When On FMLA Or CFRA Leave?

Generally, no. Both laws require employers to allow an employee to return to their job, or a comparable one, at the end of their leave, with some limited exceptions, such as the position was eliminated due to legitimate business reasons unrelated to the leave. Employers cannot fire you in retaliation for exercising your rights under these laws.

Navigating California’s Other Leave Laws

California workers may also be entitled to other types of leave, including:

  • Paid sick leave
  • Pregnancy disability leave
  • Bereavement leave
  • Military service leave

Understanding the full scope of your leave rights can help you make informed decisions.

Schedule A Free Consultation

If you’re facing a disability or leave of absence issue, Richardson Employment Law, P.C. is here to help you understand your options. Schedule a free consultation by calling 916-533-9909 or completing the online contact form.