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California employees have a right to take leave from work

On Behalf of | May 28, 2021 | Employee Rights

The United States and California each have separate laws that protect many employees in this state should they have to take time off from their jobs for certain important reasons.

The federal law is called the Family and Medical Leave Act, and California’s equivalent law is called the California Family Rights Act. Although there is considerable overlap between these laws, they are different in certain important respects as well.

A Pasadena resident with detailed questions about these laws should speak with an experienced employment attorney in the area.

Leave laws ensure that employees can come back to their jobs

The important thing for employees to remember is that these laws are there to protect the employee’s job if she needs to take time off for a qualifying reason. The time of the leave can last up to about 3 months.

Examples of qualifying reasons would include certain medical conditions. A person may also be able to take if, for example, he needs time to care for his seriously ill spouse or child.

So long as she follows all the applicable rules, an employer can expect to have her job back when she is ready to return. Employers are not allowed to fire, discipline or take other action against an employee if she takes the leave to which she is entitled under the law.

On the other hand, in and of themselves, the laws do not actually entitle an employee to payment while they are off.

In fact, employers may require an employee who wants leave to use their available paid time off while they are out. Other provisions of California law do provide for paid leave depending on the circumstances.

Unfortunately, there are many employers who, for whatever reason, try to get around these laws. For example, an employer may try to come up with an excuse for terminating an employee when, in reality, the employer just doesn’t like the fact the employee took leave. In these cases, the employee may have a right to compensation.

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