Has your employer denied you medical leave?

California law makes it much easier for employees to take medical leave (which extends to their families), both with pay and without pay.

California employers must meet:

• the Federal Family and Medical Leave Act (FMLA)
• the California Family Rights Act (CFRA).

Who is eligible for FMLA / CFRA?

Employees are eligible for leave under these laws if:

• they have worked for the company for at least one year
• they worked at least 1,250 hours in the past year, and
• they work in a location with at least 50 employees within a 75-mile radius.

While the FMLA requires the employee to work in a location with 50 or more employees within 75 miles of that workplace, the CFRA removed that requirement effective January 1, 2021.

What constitutes infractions by the employer?

Both the federal government and the state of California require employers to allow employees to take up to 12 weeks of unpaid leave. Some of the circumstances that constitute a violation include:

• An employer who refuses to give you a license when you have an accident or medical condition.
• An employer that prevents you from taking leave when a member of your family has a serious medical condition.
• An employer who does not keep your health benefits for the full 12 weeks of leave to which you are entitled.
• An employer who does not refuse outright but makes it difficult or impossible for you to take personal or family medical leave.
• An employer who treats you differently after you have taken medical leave.
• An employer who retaliates or discriminates against you for taking leave.

If your employer violated your medical leave rights, Para Los Trabajadores can help you. If you are considering taking legal action for a violation of your rights, it may be helpful to consult an experienced employment attorney. An attorney can determine if you work for a covered employer, if you are an eligible employee, and if your employer violated the law.