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Buena Park Leave of Absence Lawyer

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Buena Park Leave of Absence Attorney

If you have attempted to take or have taken a protected leave of absence from your Buena Park place of employment only to have your employer fire you or take another form of retaliation against you, you may be entitled to seek monetary compensation, and a Buena Park leave of absence lawyer can help.

At Briana Kim, PC, our skilled legal team is here to determine what kind of legal action you can take against your employer when they violate your rights to take a protected leave of absence. We believe that all employees deserve to be treated fairly.

If you are not sure of your rights under California leave of absence laws, now is the time to reach out to an attentive employment lawyer at Briana Kim, PC, and work to ensure your rights are upheld.

Best Buena Park Leave of Absence Lawyer

The Kinds of Leaves of Absence You Are Entitled to in Buena Park

Leaves of absence are critical for many people and allow workers to step away from their employment duties for a certain period of time to address certain medical issues, military service, responsibilities to family members, and other life circumstances.

Understanding the different kinds of leaves of absence can help you better understand your rights as an employee in Buena Park. The most common types of leaves of absence include:

  • Medical leave. This kind of leave allows Buena Park employees to take time off from work in order to care for their own medical conditions, which can include serious health conditions or the recovery that is necessary after a child is born.
  • Maternity and paternity leave. This kind of leave offers new parents the ability to take time off work to care for and bond with a new child. This can apply to situations where the child is a newborn or is a child whom the parents in question have recently adopted.
  • Family and Medical Leave Act. This leave works to provide employees with up to 12 weeks of leave, unpaid, within 12 months of a medical or family situation that qualifies. It will also work to protect the security of the individual’s employment. Qualifying situations may include the birth of a new child, the placement of an adoptive or foster care child, or needing to care for your spouse, child, or parent.
  • Military leave. This kind of leave works to protect the jobs of employees who are enlisted in the United States military and must take a leave of absence in order to fulfill their duties to the branch of the military in which they are enlisted. This kind of leave can also come into play when an employee’s family member is in the armed forces. This kind of leave is common in Buena Park due to its proximity to several military bases.
  • Disability leave. This kind of leave works to help protect the job security of individuals who have suffered a temporary or permanent disability and need to take time off work to recover and seek the necessary treatment.

Common Leaves of Absence Violations

In the United States, it is estimated that nearly 15 million people take a leave of absence, especially through FMLA, every year. When you take this kind of leave of absence in Buena Park, your employer must offer you the same job or a similar position once you return from your leave. Failing to do so is a violation of your right to leave.

Other violations can include the following:

  • Denying your leave request, even when the request is valid
  • Changing your employment role once you return to work
  • Terminating you for taking leave or taking another form of retaliation against you
  • Harassing you for taking your rightful leave
  • Failing to continue paying you your rightful benefits or health insurance while on leave

If you have suffered any of these leave of absence violations, reach out to Briana Kim, PC, today. Our knowledgeable employment lawyers in Buena Park are ready to review your case, examine your employment records, and ultimately fight for you.

FAQs

Can You Be Fired While on Leave in California?

In California, an employer cannot interfere with you or retaliate against you when you claim your ability to use your legal rights under FMLA or other related statutes. In most situations, this bars them from firing you if you have taken a valid leave of absence. However, if your leave is invalid, they may be able to retain their ability to fire you.

How Do You Request a Leave of Absence?

In Buena Park, to request a leave of absence, it is vital that you follow the correct and formal process. First, you will want to check to see what your company’s policies are regarding leave to make sure you meet all specific requirements. You will also want to provide a formal written request to your employer and provide them with as much notice as possible.

Why Is Job Security So Important in Buena Park?

The cost of living in Buena Park is particularly high. The median home price for many homes in Orange County hovers around $1.2 million. When an income is lost, this can be devastating to a family. That is why it is vital to be aware of your rights as an employee in Buena Park so that you can ensure you are compensated for any retaliation you face when taking a valid leave of absence from work.

Where Are Leave of Absence Cases Heard in Buena Park?

For most leave of absence cases in Buena Park, if your attorney needs to bring your case before a jury or arbitrator, they will do so at the Orange County Superior Court at the Central Justice Center in Santa Ana, located at 700 Civic Center Drive West, which is about ten miles outside of Buena Park.

Speak with a Korean-American Employment Lawyer Today

If you believe that your leave of absence rights have been violated in Buena Park, California, now is the time to take action. Contact the offices of Briana Kim, PC, today to learn more about your employment rights and to schedule a free consultation with the Wage Recovery Queen herself.

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