Taking Medical Leave in California? Here’s How the Law Protects You

Employee Leave Protections in California and Under Federal Law

California and federal law strongly safeguard the rights of employees taking leave for valid reasons. Both the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) grant eligible employees the right to unpaid, job-protected leave for certain family and medical issues. These legal protections allow employees to attend to personal or family health matters without the risk of job loss.

To qualify under CFRA or FMLA, employees must work for a covered employer, have completed at least 1,250 hours of service in the previous 12 months, and have worked for the employer for at least a year. Employees on protected leave are entitled to return to their same or equivalent position at the end of the leave period.

In California, it is illegal to retaliate against employees for taking medical leave. Prohibited retaliatory actions include unjustified termination, reduction in pay or hours, and the creation of a hostile work environment following your leave.

Layoffs During Protected Leave

In some cases, employees on protected leave may receive a layoff notice. It’s crucial to understand that:

• Employers are not permitted to use protected leave as a factor when deciding layoffs.
• If layoffs are company-wide and based on legitimate business needs, they may include employees on leave, but the criteria must be nondiscriminatory and uniformly applied to all employees.
• Worker Adjustment and Retraining Notification (WARN) Act: Employers with 100 or more employees must provide a 60-day notice for mass layoffs, giving employees time to transition.

Disability Discrimination in California

California provides strong protections against disability discrimination through the California Fair Employment and Housing Act (FEHA), which goes beyond the federal standards set by the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to employees with disabilities, allowing them to perform their essential job functions unless doing so would cause undue hardship. Employers must also engage in a timely, good-faith interactive process with employees requesting accommodations.

Supporting Evidence in Cases of Disability Discrimination

• Document Interactions: Keep a record of all communications related to accommodation requests.
• Performance Reviews: Ensure that any negative employment actions are not tied to disability but rather to documented performance issues.
• Witness Statements: Collect statements from colleagues or supervisors who can corroborate any discriminatory behavior.

At TONG LAW, our experienced attorneys will work to defend your rights.

If you’ve been laid off, retaliated against, or denied accommodations after taking medical leave, you don’t have to face it alone. Contact TONG LAW today to schedule a confidential consultation and protect your rights in the workplace.