Advocating For Workers In Disability And Leave 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 Richardson of Richardson Employment Law, P.C., is committed to standing up for the disability and leave rights of employees in Sacramento and Northern California. Drawing on his experience defending Fortune 500 companies, he provides strategic legal representation tailored to your goals. The firm operates on a contingency fee basis, meaning there are no legal 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 (FEHA) prohibit disability discrimination in the workplace. Employers may not fire, demote, reduce pay, refuse to hire, or otherwise treat an employee unfairly because of a disability.
Pursuing Reasonable Accommodations
State and federal law require employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would create an undue hardship. In most cases, employers are also required to engage in a good-faith, interactive process to explore accommodations that allow the employee to perform the job.
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, protected 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. Richardson Employment Law, P.C., can help you determine whether you are entitled to protected leave and what options may be available if your employer violated your rights.
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, job-protected leave per year. In many cases, employers may require the two leaves to run concurrently. If you were denied leave, pressured to return early, or faced consequences for taking protected time off, Richardson Employment Law, P.C., can help you understand your options.
Can You Be Fired While 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 the FMLA or CFRA.
Navigating California’s Other Leave Laws
California workers may also be entitled to other types of protected leave, including:
- Paid sick leave
- Pregnancy disability leave
- Bereavement leave
- Military service leave
If your employer denied leave, pressured you not to take time off, or took action against you for requesting leave, Richardson Employment Law, P.C., can help you understand your rights.
Request A Free Case Review With A Lawyer
If you’re facing a disability or leave of absence issue, Richardson Employment Law, P.C., can help you understand your employment law rights and take action. To request a free case review, call 916-533-9909 or complete our online contact form.