Leave Of Absence Claim

We are a culture of workaholics. Many people fear taking time off, lest it make them vulnerable to the unemployment monster lurking under our collective beds. Some people consider it a badge of honor never to take a sick day or a vacation day. This ethos of overwork can be so intense that sometimes employers discriminate against employees who take time off that is protected by federal law. At Cable Gallagher, our Folsom, California, employment law attorneys defend your right to take advantage of time off that is allowed by law.

Guarding Your Time

If you've ever been in the bathroom when someone starts rattling the lock, then you may have an idea of what it feels like to be denied leave of absence guaranteed by law. Federal and state laws describe several circumstances under which individuals may legally take an unpaid leave of absence:

  • Family and Medical Leave Act (FMLA): Employees who have worked a minimum of 12 months at an organization that has 50 or more workers are eligible to take up to 12 weeks off to help with health-related family responsibilities, including dealing with the birth of a child or caring for a sick relative.
  • Pregnancy Discrimination Act (PDA): Women who are disabled by pregnancy or childbirth-related issues are allowed to take an undefined amount of unpaid leave as long as it does not hinder the ability of the organization to function.
  • Americans with Disabilities Act (ADA): Individuals with disabilities are allowed to take an indefinite amount of unpaid leave as long as said leave does not interfere with their employers' ability to conduct business.
  • Workers' compensation: If you've been hurt on the job, you are entitled to take the necessary time off for medical treatment and disability leave without losing your job or being forced to work in a lesser capacity.

Consult With A Lawyer

Email us or call us toll free at 800-618-5571 to schedule your free initial consultation about a leave of absence claim.