LEAVES OF ABSENCE AND DISABILITY ACCOMMODATION
There are several leave of absence laws in California which provide job protection while you take some time away from work to recover from a serious health condition or to care for a loved one who has a medical problem or disability.
The main law is the California Family Rights Act (CFRA) which is similar to the federal Family Medical Leave Act (FMLA).
In addition, there are other laws that provide protection which will be listed below.
California has some of the most employee friendly leave of absence laws in the U.S.
What Is A Leave of Absence and What Qualifies as A Protected Leave of Absence?
A leave of absence is time away from work to recover from a serious health condition, to care for a child, parent or other family member’s serious health condition, to recover from a pregnancy related disability if your employer has at least 5 employees, because of a protected physical or mental disability, to participate in military service, jury duty or voting, to provide witness testimony, to attend drug or alcohol rehabilitation, to participate in activities related to domestic violence or being a crime victim, to participate as a volunteer firefighter/reserve police officer or provide emergency rescue personnel services, to provide organ/bone marrow donation, to participate in school activities if your employer has at least 25 employees (employees can take up to 40 hours a year, but no more than 8 hours in a single calendar month for this leave). These are just some examples.
If you are denied leave, discriminated against in any of the terms and conditions of your employment because you took leave, or terminated as a result of taking leave you may have legal claims against your employer that would allow you to seek reinstatement if terminated, damages for lost pay, emotional distress and possibly punitive damages. You may also recover attorney’s fees under some of these laws.