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What Is A Leave Of Absence?
A leave of absence is a period of time that an employee takes off from work, with the agreement of their employer, for a specific reason. Leaves of absence can be either paid or unpaid and can be granted for a variety of reasons, including personal or family illness, military service, bereavement, or for other reasons as outlined in the employer’s policies. During a leave of absence, the employee is generally protected from losing their job and their benefits, such as health insurance, continue. However, the specifics of a leave of absence may vary depending on the employer’s policies and applicable laws.
What Are The Most Common Types Of Leave Of Absence In California?
- California Family Rights Act (CFRA) leave: This is a type of protected leave for employees who need time off to care for a family member with a serious health condition.
- Pregnancy Disability Leave (PDL): This type of leave is for female employees who need time off due to pregnancy, childbirth, or related medical conditions.
- New Parent Leave Act (NPLA): This type of leave allows eligible employees to take up to 12 weeks off to bond with a new child.
- Sick Leave: California law requires employers to provide employees with paid sick leave.
- Bereavement Leave: Some employers may offer bereavement leave to employees who need time off to attend to the death of a family member.
- Military Leave: California law provides leave for employees who need time off to perform military service.
Can My Employer Deny My Request For A Leave Of Absence? If So, Under What Circumstances?
An employer can deny a request for a leave of absence under certain circumstances. For example, if the leave would result in undue hardship for the employer or if the employee does not meet the eligibility requirements for the leave. However, if the leave is protected by law, such as the Family and Medical Leave Act (FMLA) in the United States, an employer cannot deny the request unless the employee does not meet the eligibility criteria or the reason for the leave is not covered under the law.
California law provides eligible employees with various rights to take leaves of absence, such as the California Family Rights Act (CFRA), the Pregnancy Disability Leave (PDL), and the New Parent Leave Act (NPLA). If an employee meets the eligibility criteria for one of these leaves, the employer cannot deny the request unless the leave would result in undue hardship for the employer.
However, it’s important to note that the specific eligibility criteria, rights and obligations of employees on leave, and the definition of undue hardship may vary depending on the type of leave and applicable law. It’s recommended to consult with an attorney for more information on the specific laws and regulations that apply to your situation in California.
What Happens To My Job And Benefits While I’m On Leave?
What happens when an employee is on leave depends on the type of leave and the specific laws and policies that apply to their situation. In general:
If the leave is protected by law, such as the Family and Medical Leave Act (FMLA) in the United States or the California Family Rights Act (CFRA) in California, the employee’s job is generally protected, and the employee has the right to return to the same or equivalent position after the leave.
During a leave of absence, the continuation of an employee’s benefits, such as health insurance, will depend on the specific policies of the employer and the type of leave. For example, if the leave is protected by law, such as the FMLA, the employee’s benefits must generally continue during the leave.
What Are My Rights And Obligations While I Take My Leave Of Absence?
Your right are “job protection” and “benefits” listed above.
- Communication: The employee may be required to keep the employer updated on their status and expected return date during the leave.
- Compliance with leave policies: The employee must comply with the employer’s policies regarding leave, such as providing required documentation or giving notice of the leave.
- Continued responsibilities: The employee may be responsible for paying their share of the benefits premium during the leave and may be required to provide documentation of their medical condition if the leave is for a medical reason.
Contact Your Nearest Employment Attorney Concerning Your Leave of Absence Claim
Above are some of the common questions that people have about leave of absence and the law. It’s important to note that the specific answers to these questions can vary depending on the employer’s policies and applicable laws, such as the FMLA in the United States.
Through our many years of experience, we insist that you don’t take this on alone. Whether you need a California employment lawyer for Wrongful Termination, Unpaid Wages, Workplace Harassment or other employment dispute, we’re here to help you with your wrongful termination claim. If you or someone you know has claims about these employment scenarios, call us at 1-844-493-9455 (4WE-WILL) or fill out our contact form today.