top of page

When Can You Take A Leave Of Absence In California?

Updated: Dec 19, 2022

A Guide To Leave Of Absence In California Employment Law

California has several leaves of absence laws. These statutes, taken together, give job protection while you recover from a severe health condition or care for a loved one with a medical problem or impairment.


The California Family Rights Act (CFRA) is the state's primary leave of absence statute. It's a lot like the Family Medical Leave Act (FMLA). However, there are a few more. This guide goes over each of those laws in detail to figure out which one applies to you.


california leave of absence law

What Is Leave of Absence In California Employment Law?


A leave of absence is when someone takes time away from work to recover from a significant health condition or care for someone suffering from a serious health condition. It could also be time off for military service, jury duty, or voting in some cases.


When a California employee needed to take a leave of absence in the past, companies could simply terminate them. This is obviously terrible for the lives of hardworking people who only need a little break from work to care for a sick loved one or for an emergency.


As a result, California enacted a slew of leave-of-absence rules that specific companies must follow. Furthermore, discrimination against an employee who takes a valid leave is prohibited under California law. As a result, the state of California has some of the most benevolent leave-of-absence policies in the country.


Contact an Employment Lawyer in Los Angeles ASAP if you think you have a viable labor law claim relevant to your leave. They'll be able to process the facts, build a case, and file claims in your stead.


California employment attorneys

What Can I Use My Leave of Absence For?

Qualified employees in California are allowed to take a leave of absence for the following reasons:

  • Pregnancy leave

  • Disability caused by pregnancy

  • A life-threatening health condition

  • Leave of absence for medical reasons

  • The serious health condition of a child, parent, or other family members

  • Service in the military

  • Jury service

  • Testimony of witnesses

  • Service of volunteer firefighters

  • Rehab for alcohol and drugs

  • Voting

  • Victims of domestic violence

  • Activities related to being a victim of a crime

  • Donation of organs and bone marrow

That said, this is just a list of California's most common applications for a leave of absence. Since each case is different, yours could be a unique case that would still count as a viable reason for filing a leave in California.


You could consult prescreened California employment lawyers if you've been denied your leave of absence. They'll be able to look at your case and identify its viability for a labor law claim in California.

How Long Can You Take Time Off Work In California?

An eligible employee can take a 12-week leave of absence for significant health reasons, to connect with a child, or to care for a kid, parent, or other family members with a serious health condition.


Employees can also use unused sick time or PTO to care for a family member or domestic partner.

There are, however, longer leave of absence durations (up to four months for challenges and impairments related to your pregnancy) and shorter leave of absence periods (such as intermittent leave).

What Constraints Do California Employers Face?

Businesses must follow these laws. They will face legal repercussions if they do not comply or if they tamper with or obstruct these employment rights.


Employers can be held financially accountable for damages in a lawsuit if they fire an employee who requests a leave of absence under the CFRA or FMLA. And these losses can be rather substantial.


Employees can seek lost earnings, emotional distress damages, punitive damages, and attorney's costs if their employer disobeys these regulations. Most of these claims are settled, with payouts ranging from over a million dollars to reinstatement.


However, every instance is unique in its own way. Your case will be unique from other employment law claims your California employment lawyer has previously handled.


los angeles employment law

Find California Employment Lawyers Near Me

1000Attorneys.com is an established online Lawyer Referral Service that refers you to an Employment Lawyer in Los Angeles (and other cities!). You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.

12 views
Best Lawyers Near Los Angeles

California State Bar Certified Lawyer Referral And Information Service

Welcome to 1000Attorneys.com, a Lawyer Referral and Information Service certified and approved by the California State Bar.

Our commitment is to provide you with unbiased and impartial lawyer referrals. Unlike other services, we maintain complete independence from the lawyers receiving these referrals, ensuring transparency and fairness.

While we specialize in California employment law and personal injury claims, we offer our referral services for various other legal areas.

 

At 1000Attorneys.com, we aim to ensure you are connected with best California attorney near you who can provide comprehensive and exceptional representation for your specific legal needs.

 

We understand that every legal situation is unique and are dedicated to finding the best match for you. With our extensive network of attorneys, we strive to deliver outstanding legal support and guidance tailored to your individual requirements.

At 1000Attorneys.com, we hold California attorneys to the highest standards of professional conduct. Your satisfaction and confidence in the legal representation you receive are paramount to us.

 

Rest assured that when you engage in our services, you can expect nothing less than exceptional legal support and guidance.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We conduct due diligence by researching and recommending the best local attorney for your case. 

 

Our team of experts verifies that attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here:

 

Our History 

 

Since 2005, we have been dedicated to helping individuals find reliable legal representation in California.

 

We understand the challenges people face when trying to locate reputable lawyers, especially when inundated with self-promoting advertisements and biased marketing from law firms.

 

At our service, we strive to cut through the noise and provide a trustworthy and unbiased platform for connecting individuals with reputable California lawyers.

 

Our clients receive quality legal representation without the frustration and uncertainty often associated with legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client. 

A representative will follow up a few days later via email with the client after receiving a referral for quality management purposes, or to obtain the status of the case. 

About lawyers from our network


California lawyers in our network are insured, in good standing with the California State Bar, and have substantial experience in their practice area.

 

Attorneys are available in most areas of law throughout Southern California. Every lawyer in or network has been vetted for:

  • Credentials

  • Education

  • Communication skills

  • Performance

  • Client reviews

  • Fair legal fees

  • Continuing education

  • Professional affiliations

Additionally, we conduct criminal  background checks and attorneys are always monitored by our service.  

How to find the best lawyer for your legal case: 

1. The fastest way to have your legal issue reviewed by one of our attorneys is to send your details online.

 

Your information will go directly to our 24 hour legal department bypassing our call center. You will get a reply via email within 15 minutes. 

2. You may also inquire about your legal issue via email. We respond to email inquiries within 24 hours M-F. 

3. By calling our lawyer referral hotline 661-310-7999. However, our agents are not attorneys and cannot provide legal advice. Due to high call volumes, it's highly recommended that you use option # 1 above. 

california state bar lawyer search.png
bottom of page