Under California’s leave of absence laws, employees are allowed to take time off for short or extended periods without losing their job. If you are requesting or taking a leave of absence in any one of the circumstances protected by law, you may be entitled to up to 12 weeks of unpaid leave, or even longer.
California’s leave of absence laws are amongst the broadest in the US. They introduce very important protections for employees who require time to deal with a family emergency, personal health issues, pregnancy or even to bond with a new child. Some of these laws include the:
In the past, it was almost impossible for workers to enjoy time off work in these circumstances. Unless an employer had favorable policies, nothing stopped a worker from losing their job or being shunted out to a less fulfilling job after returning from leave.
But these days, you can legally request a leave of absence for a wide variety of reasons without fear of job loss. This article explains all you should know about leave of absence laws in California and the protections provided for you if your rights are violated.
Keep in mind that this article does not take the place of legal advice from an experienced California employment law attorney. If your rights are being threatened or already violated, speak to a skilled attorney immediately for legal guidance and representation.
California laws preserve the rights of employees to request leave of absence for a wide variety of legitimate reasons. These laws do not apply equally to all workers though. The FMLA and CFRA, for instance, apply only to employers with:
Other enactments apply to fewer employees. For instance, the NPLA applies to employers with 20 to 50 employees. An employee may request leave to:
It is important to clarify that each of these reasons for leave also come with conditions and obligations that a worker looking to take advantage must fulfill. Our California employment law attorneys can advise you on these conditions and obligations.
Often, we tend to look over stress as something deserving of taking time off work. But stress can be dangerous as it can lead to the development of several disorders including anxiety, depression or even just burnout. It can worsen or increase the risk of obesity, gastrointestinal problems, heart disease, or diabetes.
If you genuinely feel stressed at work, then you should not downplay your symptoms. Go see a doctor and inform them of exactly how you feel and get their recommendations. They will advise you of the best way to recover and if an FMLA-approved leave of absence or a shortened work-week can help.
There are no lower limits for how long a worker may go on leave. As mentioned above, your leave of absence may be for as little as 2 hours (for voting leave), or as long as 26 weeks (for military family or spouse leave).
However, you cannot take more than the allowed periods in any case. You cannot go on leave without going through the proper channels either. Even for statutory leave, which your employer must provide once you request, you must follow the appropriate procedure.
Once you have followed the legal procedure, your employer cannot prevent you from proceeding on statutory leave. There are limited circumstances where an employer can successfully prevent you from going on leave. These include:
If you complied with all relevant procedures before going on leave, there are very limited situations in which you may be fired while on leave. It is important to note that none of these situations can be discriminatory, retaliatory, or contrary to the leave of absence laws.
So long as your stress leave is documented and supported by a valid doctor’s recommendation, you are protected under disability laws while on leave. Your employment cannot be terminated because you decided to go on leave. Your employer must keep your old job for when you resume, and if the old job is no longer available, your employer must provide an equivalent.
If you went on stress leave and were informed that you have been terminated, speak to a California wrongful termination attorney at once.
If you were on leave for a qualifying disability, you cannot be terminated simply for exercising your leave of absence rights. So long as you have complied with all relevant procedures, including providing a doctor’s certificate showing your health condition and recommendation for leave, you are protected.
Further, in certain instances, your employer still has an obligation to provide accommodation even when you have not provided a medical diagnosis. In Ross v County of Riverside, the plaintiff informed his employer that he may be “seriously ill with a neuro-generative disease”, but before he could provide documentation, he was ordered to return to work. The court held that the employer was aware of his potentially disabling condition and should have provided accommodation.
If you are being threatened with termination or if your employer is refusing to let you go on medical leave, you may be able to file a complaint. Speak to our disability discrimination attorneys to understand your rights.
A leave of absence letter should clearly state that you are requesting for leave and the reasons why you wish to go on leave. It should include:
You should also avoid writing a request for leave too close to the day on which you want to go on leave. Employers prefer to receive sufficient notice, and may even require several weeks’ notice. Ensure you follow all appropriate procedures so you can go on properly documented and authorized leave.
Have a question about legal representation? We are here to help. Send us a message and we’ll be in touch within one business day.
All Rights Reserved | Apex Legal Media | Sitemap | Disclaimer | Privacy Policy | Accessibility Statement