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.
I was unexpectedly let go from my company and faced with the sudden decision of whether to sign a severance agreement. I no longer trusted the company and needed someone on my side. Katharine Chao was recommended to me, and I hired her to advise me on the separation and of my legal rights. I felt so much more reassured and confident under her counsel, and she got my former company to agree to the more favorable severance terms I wanted. I can now move confidently onto the next chapter of my career.
Olivier & Schreiber LLP represented me in a sexual harassment case against my former employer and manager. I was really nervous to seek justice since I had never been involved in a lawsuit before. I did not even know whether I had a good case, but Katharine Chao patiently explained my rights to me and came up with a strategy that resulted in a great settlement. Throughout the process I felt like the people at O&S really heard me and treated me with dignity and respect. I highly recommend the lawyers at O&S, they are extremely knowledgeable, sharp, and compassionate.
Katharine Chao is my Hero! Not only did she take on a global world power, the compensation this warrior got for me far exceeded my wildest expectations. Kathy’s knowledge of my grievances was exceptional. She did her homework, was very thorough and explained to me the best strategy to follow and how to achieve our mission. I felt very comfortable and in good hands with her. Kathy also has a great sense of humor. She talked with me like a fellow worker, no condescending lawyer-gobbledygook. I wouldn't hesitate a second to seek counsel from her and O&S again.
As a former client of Kathy’s, there are three reasons why I would highly recommend her. First and foremost is her ethics. Even though my case spanned a couple of years, Kathy never pressured me into any course of action and instead, displayed patience and unwavering support. Second, having worked with Kathy over the years, I can confidently say that she is compassionate and cares about her clients’ wellbeing. She truly exemplifies what it means to be a world-class professional advisor. Finally, she is a fierce advocate for justice. Specifically, she pursued multiple legal avenues to redress the issues at hand. I was always confident that no stone was being left unturned in the work to hold people accountable for their actions. She didn’t engage my case to fold a strong hand. She engaged to win.
I was part of a collective action against a “big ride share” company; O&S successfully settled a case on my behalf in 2020. I even continued working throughout the entire process and kept my job! The people at O&S are so thorough and caring and they treated me with kindness. My questions were always answered, and my calls were taken or immediately returned. They made the intimidating legal process easier than I could have imagined and were there for me every step of the way. Thank you O&S, with special thanks to Kathy Chao. Hopefully, I won't need any legal services again but if I do, I know I have a law firm I can trust (yay), rely on, and refer to friends, family or colleagues.
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!!
Both Christian and Katharine are terrific people as well as knowledgeable and trustworthy attorneys. They work hand-in-hand with their clients, developing case strategies collaboratively and responding swiftly to any concerns that arise. If you need legal representation, choose O&S!
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.
Katharine Chao supported me with some employment termination issues through a consult session. She listened attentively to my account of events and elicited supporting information before offering her sound legal opinions and advice. I felt reassured about the terms of my separation. I have high regard for Katharine Chao and would return to her for future employment legal matters.
Katharine Chao is a top-notch attorney that will go the distance for her clients. She came highly recommended to me and delivered on all fronts. Her work ethic, integrity, professionalism, and thoughtful approach are some of her strongest attributes. Her commitment to her clients is unparalleled with accessibility that I generally have not experienced with other attorneys. I highly recommend Katharine Chao for your employment law needs.
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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