Employee Leave Attorney in Orange, California

In the state of California, employees have the right to request a leave of absence to care for their health, a family member, bond with a new child, or for other legally justifiable reasons. Depending on the surrounding circumstances or reason for the leave, the employee may be entitled to receive compensation benefits or wage replacement for taking time off work. Unfortunately, some non-compliant employers may deny such leave benefits or take negative employment action against the employee. 

If you've been denied leave benefits or suffered a negative employment action for exercising your rights to leave, you may be entitled to seek relief. At The Guha Law Firm, we're committed to offering experienced legal services and advocating for the leave rights of employees. Our seasoned California employment law attorney can evaluate your unique situation, determine your eligibility for leave benefits, and help you recover your deserved financial compensation. 

The Guha Law Firm proudly serves clients across Orange, California, and the surrounding areas throughout Riverside County, Los Angeles County, and San Bernardino County. 

Employee Leave Under the FMLA

According to the Family and Medical Leave Act (FMLA), covered employees are eligible for about 12 weeks of unpaid, job-protected leave every year to: 

• care for their health or illness, 

• care for a family member or close relative, or 

• bond with a new child or for an adoption. 

Upon completion of the leave period, the employee may return to the same position or seek a significantly equivalent job. 

Covered Employers

Employers covered under the FMLA include local educational agencies, public agencies, and private sector employees. Local educational agencies include public school boards, public secondary and elementary schools, and private secondary and elementary schools, irrespective of the number of workers. Public agencies include federal, state, and local government employers, notwithstanding the number of workers. Private-sector employers are covered under FMLA if they employ at least 50 employees within 20 or more workweeks within the previous or current calendar year. 

What Employees Are Eligible?

The following employees are eligible for unpaid leave under the FMLA: 

• Employees who have worked for a covered employer for at least 12 months. 

• Employees who have at least 1,250 hours of service with the employer during the past year before their FMLA leave begins. 

• Employees who work at a location where the employer has at least 50 employees within a 75-mile radius. 

Employees taking FMLA leave must also meet certain criteria. They must have a serious health condition, be caring for an immediate family member with a serious health condition, or need to take time off for the birth or adoption of a child. An employee’s eligibility is determined by their employer. In addition, employers may require employees to provide advance notice and medical certification of their need for FMLA leave.  

Leave Entitlement

Additionally, covered employees may be entitled to take up to 12 work weeks of leave in a 12-month period for any qualifying FMLA leave reason, with the exception of military caregiver leave; or, up to 26 work weeks of military caregiver leave during a single 12-month period. 

For example, if you work at a supermarket for 35 hours a week, you are entitled to take up to 35 hours of FMLA leave a week for 12 weeks. 

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects military service members and veterans from employment discrimination as a result of their service. In addition, the Act allows them to reclaim their civilian employment upon return from duty or after a period of uniformed service. The USERRA applies to members of the National Guard, Reserves, and Armed Forces, as well as other "Uniformed Services." 

California Leave Laws

Here are some important California leave laws and rules you need to know: 

Sick 

Starting from January 1, 2024, California employers are required to provide their employees with at least 40 hours of paid sick leave every year. 

Vacation 

According to California law, when there is a provision in the company's policy, the employer is required to provide the amount of paid vacation days or paid time off (PTO) as stated in the company's policy. 

Voting 

Under California law, employees are allowed to take up to two hours off work to vote in statewide elections without losing their pay. 

Jury Duty  

According to California law, an employee called for jury duty will be given an excused absence to perform the jury duty and will receive time off with regular base pay for the period of the service. 

Bereavement   

Under California law, employees are allowed to take up to five days of bereavement leave from work after the demise of a family member or close relative. 

Holiday  

There is no California state law that makes it compulsory for employers in the state to provide employees with holiday pay or give time off during a holiday. Nonetheless, employers are allowed to provide extra paid time off or holiday pay to their employees. 

Work With a Seasoned Employment Law Attorney

Covered employees are entitled to receive leave of absence under both federal and state laws for qualifying reasons. In the event that your employer denies your leave benefits, violates your rights, or takes negative employment action against you, you may be entitled to pursue relief. A seasoned employment law attorney can explore your available legal options and fight vigorously for your rights. 

At The Guha Law Firm, we have the diligence and expertise to guide and support clients in their employment-related legal matters. As your attorney, we can examine all of the facts of your case, investigate your employee's actions, and determine if you have a claim. Our practiced lawyer will fight compassionately for your legal rights, hold your employer accountable, and help recover your rightful benefits.