Before you take a leave of absence, it is important to consult with an employment lawyer about your legal rights. Your lawyer will help you take the leave you are entitled to. Medical leave must be documented appropriately, and you may also need to document your right to paid leave under your employment contract or union agreement. Our experienced employment lawyers know how to handle all types of leaves of absence cases to ensure your legal rights are protected before, during, and after your absence from work.
The Family Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to twelve weeks of unpaid leave per year without losing their jobs to attend to a serious health condition. The condition can be their own or a family member’s. The California Family Rights Act also provides up to twelve weeks of unpaid leave for serious health conditions. Workers here in California are entitled to take leave under both laws, but this time cannot be “stacked.” The total leave of absence must not exceed twelve weeks in a calendar year.
Notice that the FMLA and CFRA allow for unpaid leave. These laws do not guarantee that employees will be paid – only that they will not lose their employment for taking protected medical leave. You may use PTO if you have accrued enough to cover your leave. PTO is not, however, guaranteed by law. Your employer may also have rules about how you may use your PTO. It might have to be scheduled in advance, or there could be limits on how much is used at a time. Your employment lawyer can address these issues directly with your employer if necessary.
Leaves of absence can also be guaranteed by a contract. If you have entered into a written employment contract, or you are part of a union that has entered into a labor contract, these documents might also protect your right to take a leave of absence. Because these are contractual rights, you will need to have your own employment lawyer look over the specific language used in the contract. These provisions may allow for paid or unpaid leave. They may set a time limit or specify the manner in which you must request your leave of absence.
Remember that your employer is likely to interpret any contract in its own favor. For this reason, it is important to get your own legal advice from an employment attorney who is on your side.
Your right to take a leave of absence can be guaranteed by status or by contract. The experienced employment lawyers at Olivier & Schreiber LLP fight hard to protect your legal right to take a leave of absence from your job. Call (415) 484-0980 or visit our website to schedule your consultation today. The sooner you have an experienced attorney on your side, the better your legal rights will be protected.
Monique took on a complicated medical malpractice appeal for my clients after we obtained a jury verdict. Not only was she successful in upholding the verdict, but it became a published decision that helped define the landscape of California law. For her efforts she was recognized by California Lawyer Magazine as an "Attorney of the Year" for medical malpractice! When I have an appellate issue, Monique is my first choice!!
Hiring Monique Olivier to handle the appeal of a trial I won was easily one of the best decisions I have made in my entire legal career. In addition to being incredibly smart, Monique’s skills and preparation were impeccable. She gave me a tremendous amount of confidence, and did an incredible job in every aspect of our appeal. My clients and I will always be grateful for Monique's superior work, and I strongly recommend her as an appellate lawyer.
Christian and his team looked out for my best interests. They had my back and were professional and unrelenting in achieving fairness for me.
Christian Schreiber was very supportive, considerate, and understanding of my situation. Super hardworking, it felt as if he was always working on my case, and always kept me in the loop. I truly appreciated that. He was always available and was super quick to answer any questions or concerns I had. He has a true passion for this job and I will highly recommend him.
I needed counsel ready to interact with a delinquent, low integrity, and untrustworthy employer. I also needed clear guidance on the path ahead. O&S was instrumental in driving the clarity I needed while being both comforting and "no nonsense." Deeply satisfied with my representation, I have recommended O&S numerous times to others in need of employment labor counsel.
Monique Olivier came highly recommended to me by a dear friend. After one meeting, it was clear to me that she was the direct, wise, and earnest attorney that I needed to back me. Monique was accessible and patient with me, particularly with the emotional aspects of my situation, and was able to provide clear and honest counsel. In the end, we were a successful team. I will forever be grateful for her support and advocacy. I cannot recommend her highly enough.
Christian is an extremely knowledgeable class action attorney. He's very passionate about protecting employees' rights and helping others. In sum, an outstanding lawyer and a very kind person. I can't recommend him enough.
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