Terminated Due to Medical or Sick Leave
At Gallenberg PC, our Los Angeles, Burbank, and Beverly Hills wrongful termination attorneys know that both Federal and state laws allow California employees to take unpaid, job-protected medical and sick leave for themselves or certain family members who need care.
If you believe you were wrongfully terminated for taking protected time away from work to care for yourself or another, our Los Angeles County employment law attorney may be able to help you hold your employer liable for your unlawful treatment. Contact us today to learn more.
We do not charge prospective clients for a confidential telephone intake or online case review.What Federal and State Laws Protect Employees During Times of Medical or Sick Leave in California?
The Federal Family and Medical Leave Act (FMLA), state California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL) provide workers, including those with disabilities, with protection for unpaid medical leave for various circumstances and emergencies. During a pandemic, such as Covid-19, additional state and federal laws are also applicable.
FMLA protects employees working for covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave each year.A covered employer is a:
- Private-sector employer, with 50 or more employees.
- Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs
- Public or private elementary or secondary school, regardless of the number of employees it employs.
FMLA provides 12 workweeks of leave in 12 months for employees during:
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- The birth of a child and care for the newborn within one year of birth.
- The care of an adopted or foster child within one year of their placement.
- The care of an employee’s spouse, child, or parent who has a serious health condition.
- The employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
FMLA also protects employees during 26 workweeks of leave during 12 months to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin, during what is called Military Caregiver Leave.
For an employee to be eligible for FMLA protections, they must:
- Work for a covered employer.
- Have worked for the company for at least one year.
- Have worked at least 1,250 hours the previous year with the company.
- Have worked at a location with 50 employees within a 75-mile radius of the location.
Under FMLA, employers may not retaliate against employees who request leave under the federal provisions outlined in the Act.
The California Family Rights Act (CFRA) supplies added protections that are not covered or do not exist in the FMLA.
All employees who work for an employer that has five or more workers are covered by CFRA. In addition, the California-specific Act eliminates the worksite mileage requirement of 75 miles required under FMLA.
CFRA always allowed eligible employees to take leave to care for the serious health condition of a spouse, domestic partner, parent, minor child, or dependent adult child. However, the Act has been expanded to include leave to care for additional family members, including an adult child, a child of a domestic partner, grandparent, grandchild, or sibling.
California also expanded its CFRA entitling eligible pregnant employees who work for an employer of five or more employees to Pregnancy Disability Leave (PDL) of up to 16 weeks.
When California employees’ FMLA, CFRA, or PDL rights are violated, our Los Angeles, Burbank, and Beverly Hills workplace medical leave lawyers will seek justice by holding their employers liable for their complete damages.
If you believe you were terminated for taking protected medical or sick leave in California, our Los Angeles County employment law attorney may be able to help you. We do not charge prospective clients for a confidential telephone intake or online case review.
If you believe you have been wrongfully terminated for taking medical or sick leave in California, we will review the facts of your case during a completely free telephone intake or online case review. It is important that you contact a Los Angeles workplace medical leave attorney to guide you through your options.
After reviewing your unique case, our wrongful termination lawyers in Los Angeles, Burbank, and Beverly Hills can outline your recovery needs, and pursue the best legal remedies, which may include:
- Past and Future Lost Earnings
- Hiring / Reinstatement
- Training Requirements
- Policy Changes
- Out-of-Pocket Expenses
- Attorney’s Fees and Court Costs
- Damages for Emotional Distress
- Punitive Damages
No two California wrongful termination for medical or sick leave cases are the same. Each requires an in-depth review by a skilled employment law attorney in Los Angeles, Burbank, or Beverly Hills to ensure you are pursuing the best outcome for your unique needs.
We can help. Contact us today to learn more.How Can the California Wrongful Termination Lawyer at Gallenberg PC Help?
At Gallenberg PC, our workplace medical leave attorney has offices in Los Angeles, Burbank, and Beverly Hills, so unlawfully or discriminated terminated employees have access to the legal representation they need to pursue results inside and outside the courtroom — no matter where they live or work in California.
Our primary goal is to make legal services accessible to everyone in California, regardless of a person’s ability to pay.
We understand that many individuals cannot afford to pay upfront hourly rates or retainers for an employment or labor lawyer. That does not mean they should not have the legal ability to pursue justice after suffering from unlawful treatment in any California workplace.
Our wrongful termination attorney in Los Angeles, Burbank, and Beverly Hills takes all eligible cases on a contingency basis, which means if we do not win your case, you do not pay our legal fees.
If you were wrongfully terminated from your job in California for taking protected medical or sick leave, contact Gallenberg PC today to discuss your important case with our skilled employment law attorney in Los Angeles at (213) 986-8432, Burbank at (818) 237-5267, or Beverly Hills at (310) 295-1654 to schedule a free intake today.
If you prefer, complete a Free Online Case Review to have your claim screened by our experienced employment law attorney and we will contact you directly to discuss your case.