Protected Leaves of Absence (PDLL, FMLA, and CFRA)
Both Federal and California state law authorize eligible Los Angeles employees to take up to twelve (12) weeks of job protected leave. Under the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) an employee may be entitled to twelve (12) weeks of job protected leave for any of the following reasons: serious health condition of the employee; serious health condition of a child, spouse, or parent; the birth of a child; or the adoption and placement of a son or daughter for foster care. Both the FMLA and CFRA cover employers with fifty (50) or more employees.
In order to be eligible for leave under the FMLA and CFRA, a Los Angeles employee must: (1) have been employed by the California employer for at least 12 months as of the date leave commences, (2) worked at least 1,250 hours for the California employer during the previous 12-month period, and (3) have been employed at a worksite where the California employer employed at least 50 employees within a 75 miles radius. If an employee meets the requirements for leave, a Los Angeles employer must grant the leave of absence.
An employee returning from a leave of absence under the FMLA or CFRA is entitled to be reinstated to the same position they held before their leave, or to an equivalent position (meaning same pay, benefits, and other terms of employment) if the employee’s position no longer exists.
In addition to the FMLA and CFRA, California’s Pregnancy Disability Leave Law (“PDLL”) requires a Los Angeles employer to provide an employee disabled by pregnancy, childbirth, or a related medical condition up to four (4) months of job protected leave. The four months of leave guaranteed by the PDLL has consistently been interpreted as a floor, not a ceiling. This means that a Los Angeles employer may be required to grant an extended leave of absence, beyond the four (4) months provided under the PDLL, for a female employee who continues to be disabled by their pregnancy.
If your employer has retaliated against you for requesting a leave of absence or denied you leave, for which you were entitled, we can help. In order to assess your individual situation and discuss the appropriate legal remedies, contact our office today for a free consultation.