Employees often need to take long periods of time from work for a variety of reasons. Fortunately for these individuals, they generally have the right to do so. If your employer does not allow you to take medical leave, or forces you to take medical leave without pay, you may have a legal claim against your employer. Employers in the United States must follow both state and federal laws when it comes to providing leave.
The maze of laws surrounding paid sick and medical leave in California is complicated enough to confuse any employee and our experienced team of employment attorneys is here to help you. Under California law, employers with less than 50 employees are not legally required to provide workers with either paid or unpaid sick leave. For larger businesses with 50 or more employees, both state and federal law requires workers be given the right to unpaid sick leave, which includes leave because of a serious health condition of the employee or to care for an ill child, parent, spouse, domestic partner or the child of a domestic partner.
Examples of Medical Leave Violations
California employers must post notice for employees that clearly explains family leave rights. Additionally, before the employee takes time off for family or medical leave, the employer must guarantee to reinstate the employee to the same or a comparable position.
Employers regularly violate federal and state medical leaves laws. Examples of these violations include:
- Failing to recognize serious health conditions.
- Disciplining employees for excessive absences.
- Employers must provide eligible employees with a series of notices of their FMLA rights.
- Requiring employees to give too much notice.
- Failing to inform employees of their rights and obligations.
- Failing to recognize employee notice.