Santa Rosa Employee Leave of Absence Attorney
A Beck Law P.C. Santa Rosa Employee Leave of Absence attorney can assist with the various leaves of absence from work employees are entitled to in Santa Rosa, Petaluma, Ukiah or anywhere in California. Petaluma, Santa Rosa and Ukiah California employees are entitled to leaves of absence from work for a number of different circumstances under both state and federal laws. Examples of reasons for taking a leave of absence can include disability, pregnancy, serious illness (or care-taking for an ill family member), and bonding with a new baby. Employee leave of absence can be a complex area of law, and it can be difficult for both employees and employers to determine what leave of absence an employee may be entitled to, how long the leave of absence lasts, whether the employer has to hold open the employee’s position until the employee returns to work, and whether the leave of absence is paid or unpaid. The type of leave of absence available to an employee is dependent upon a number of factors, including the size of the business and the type of work the employee performs. If an employee is denied a leave of absence to which he or she is entitled or terminated or retaliated against for taking such leave, the employer could be liable to the employee for lost wages, damages, penalties, and fines.
California Department of Industrial Relations
In California, it is the Department of Industrial Relations – Division of Labor Standards Enforcement (DLSE) and the Office of the Labor Commissioner that adjudicates wage claims, investigates discrimination and public works complaints, and enforces Labor Code statutes and Industrial Welfare Commission Orders. Depending upon the number of employees, an employee may be entitled to a leave of absence under one or several of the following laws: California Worker’s Compensation Act (“WCA”), applicable to any employee; pregnancy leave, known as Pregnancy Disability Leave (“PDL”), applicable to any employee; Paid Family Leave (“PFL”), applicable to any employee who pays into SDI; Fair Employment and Housing Act (“FEHA”), applicable to any employer whose employer employs 5 or more employees; Americans with Disabilities Act (“ADA”), applicable to any employer whose employer employs 15 or more employees; Family Medical Leave Act (“FMLA”), applicable to any employee whose employer employs 50 or more employees within 75 miles of the employee’s work-site, and 1) the employee has been employed by the employer for at least 12 months and 2) completed at least 1,250 hours during the 12 month period prior to the leave; and California’s equivalent to the FMLA, California Family Rights Act (“CFRA”), applicable to any employee whose employer employs 50 or more employees within 75 miles of the employee’s work-site, and 1) the employee has been employed by the employer for at least 12 months and 2) completed at least 1,250 hours during the 12 month period prior to the leave.
Contact a Santa Rosa Leave of Absence Attorney
If you have questions regarding whether you may be entitled to a leave of absence, or if you have an employee claiming a leave of absence entitlement, you are urged to contact a Santa Rosa leave of absence attorney immediately to discuss your rights and responsibilities.