California law offers strong protections for employees dealing with disabilities and the need for time away from work. If your employer has failed to respect those rights, acting quickly can make a significant difference in protecting your interests.
Attorney Daniel Richardson of Richardson Employment Law, P.C. represents employees in Sacramento and throughout Northern California in disability and leave-related matters. With prior experience representing large corporate employers, he brings valuable insight to building effective legal strategies focused on your objectives. The firm works on a contingency fee basis, so you do not pay attorney’s fees unless compensation is secured in your case.
Addressing Disability Discrimination
Both federal and state laws—including the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA)—prohibit discrimination against employees with disabilities. Employers are not allowed to make adverse employment decisions, such as termination, demotion, or reduced pay, based on a worker’s physical or mental condition.
Your Right to Workplace Accommodations
Employers are generally required to provide reasonable accommodations to employees with qualifying disabilities, provided the accommodation does not create significant difficulty or expense for the business. In addition, employers must usually participate in an interactive process with the employee to identify possible accommodations that enable them to perform their job duties effectively.
Overview of Medical Leave Protections
California workers may be eligible for protected leave under two primary laws: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws allow qualified employees to take unpaid, job-protected leave for reasons such as:
- Their own serious health condition
- Caring for a family member with a serious medical condition
- The birth, adoption, or placement of a child
- Certain qualifying circumstances related to a family member’s military service
Although FMLA and CFRA share similarities, they are not identical. For instance, CFRA covers a broader range of family relationships. Richardson Employment Law, P.C. can help evaluate whether you qualify for leave and what steps you can take if your rights were violated.
Duration of Protected Leave
Eligible employees are typically entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period under both FMLA and CFRA. In many situations, employers may apply these leaves concurrently. If your employer denied your request, pressured you to return early, or penalized you for taking leave, legal options may be available.
Job Protection During Leave
In most cases, employees who take protected leave have the right to return to their same position or a similar one upon their return. There are limited exceptions—for example, if a position is eliminated for legitimate business reasons unrelated to the leave. Employers may not take adverse action against you for exercising your rights under these laws.
Additional Protected Leave in California
Beyond FMLA and CFRA, California law provides several other types of protected leave, including:
- Paid sick leave
- Pregnancy disability leave
- Bereavement leave
- Military duty leave
If your employer denied leave, discouraged you from taking time off, or retaliated against you for doing so, the Law Office of Stephanie Dominguez, can help you understand your legal rights and available remedies.
