Long Beach Leave of Absence Lawyer

Your job is important, but your health and family come first. Life is unpredictable, and sometimes, taking time off work due to personal health issues, family matters, or other unforeseen events becomes necessary. If you’ve attempted to take a protected leave of absence from your job and experienced violations of your employment rights, it’s essential to seek the help of a dedicated Long Beach leave of absence lawyer who can defend your rights and hold your employer accountable.

At Briana Kim, P.C., we are committed to assisting clients who have had their legal rights violated in the workplace. If your employer has wrongfully denied you leave, retaliated against you, or made other illegal decisions regarding your time off, our experienced team can provide the legal support you need. We will review your case, identify any violations, and work with you to build a strong claim to protect your rights.

We understand that life’s circumstances can demand a leave of absence, and you should not have to worry about your job security while you attend to your personal or family needs. Let us help you ensure that your rights are upheld during this critical time.

Protected Leaves of Absence in Long Beach, CA

Under state and federal law, certain employees are allowed time off of work to attend to specific family issues or serious health conditions without risking their jobs or worrying about adverse employer actions. These laws include the Family and Medical Leave Act, the California Family Rights Act, and other statutes that protect disability and pregnancy leave. Common examples of protected leaves of absence under these laws include:

• Medical leave to care for yourself or a certain family member, such as a child or parent, suffering a serious health condition
• Disability leave for pregnant individuals
• Paternity leave
• Maternity leave
• Leave for circumstances of jury duty
• Military leave
• Stress leave
• Disability leave
• Time off to bond with a child, whether through natural birth or adoption

If you request time off of work for any of these reasons and meet certain employment requirements, your employer cannot legally fire you or change your position of employment unless they first offer you a comparable position. If your employer performs either of these actions against you, you may need to seek legal counsel.

A leave of absence lawyer can review your case, educate you on your rights, and begin constructing a case-specific legal strategy to support your claim.

Common Leave of Absence Violations

In most cases, when your employer grants you a leave of absence, they are required to reinstate you to the same or a similar position once your leave ends. Failing to do so is a leave of absence violation in California. Additional leave of absence violations can include:

• Denying leave even when an employee meets all the necessary requirements
• Terminating or demoting an individual when they take a legal leave of absence
• Changing an employee’s role to a position that is not comparable to their previous position once they return from leave
• Harassing an individual for taking a protected leave of absence
• Retaliating against employees for taking a leave of absence
• Refusing to continue to pay for the employer’s health benefits while on protected leave

If you believe you have a case for a leave of absence violation in Long Beach, California, contact the offices of Briana Kim, P.C. We can work to protect your rights.

Briana Kim, P.C.: Defending Your Right to Leave of Absence

At Briana Kim, P.C., your case is our number one priority. We take violations of your employment rights seriously and are ready to provide you with the compassionate counsel and representation you deserve during these difficult times. Attorney Briana Kim, P.C., is prepared to fight for you.

From your initial consultation, our team can collect and examine your employment records and obtain any documentation related to your case. We can determine whether your employer violated your rights under the FMLA or the CFRA and educate you on your options so that you can make the correct decision in your case. With years of experience serving individuals in Long Beach, CA, and surrounding areas, we can ensure your case is given the attention it needs.

Can I Be Fired While on a Leave of Absence in California?

Employers in California are barred from firing their employees for illegal reasons, such as when qualifying employees request a leave of absence under the Family and Medical Leave Act or the California Family Rights Act. There may be a few exceptions to this rule, such as employees who take an invalid leave of absence or employees who have been subject to layoffs during the course of their leave.

Briana Kim, P.C.: Defending Your Right to Leave of Absence

At Briana Kim, P.C., we prioritize your case and take violations of your employment rights seriously. Whether your employer has unlawfully denied you leave, retaliated against you, or failed to reinstate you to a comparable position, we are here to provide compassionate legal counsel and representation during these challenging times.

From the moment you schedule your initial consultation, we will begin by collecting and examining your employment records, along with any documentation related to your case. We’ll assess whether your rights under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) have been violated. Our goal is to educate you on your options, so you can make informed decisions about your next steps.

With years of experience serving employees in Long Beach and surrounding areas, our team is committed to ensuring your case receives the attention and care it deserves.

Can I Be Fired While on a Leave of Absence in California?

In California, employers are prohibited from firing employees for taking a protected leave of absence under the FMLA or CFRA. These laws guarantee that qualifying employees can take time off for medical reasons or family needs without fear of losing their job.

However, there are a few exceptions:

• Invalid leave: If an employee is not eligible for leave or fails to comply with the necessary requirements (e.g., providing appropriate documentation), the employer may have a legitimate reason to deny the leave or take action.
• Layoffs: If your employer decides to lay off employees during the course of your leave, it may not necessarily be a violation, as long as the layoff is not retaliatory or discriminatory in nature.

If you believe your employer has wrongfully terminated you or taken illegal action while you were on leave, Briana Kim, P.C. can help you assess your situation and take action to protect your rights.

Can I Collect Unemployment While on a Leave of Absence in California?

In California, you may be eligible for unemployment benefits while on a protected leave of absence, such as under Paid Family Leave (PFL). This program provides financial assistance to employees who are unable to work due to family-related reasons, including bonding with a new child or caring for a seriously ill family member.

Eligible employees can receive benefit payments for up to eight weeks of leave. The amount of the benefit is typically between 60% and 70% of your weekly wages, based on the earnings from the 5 to 18 months prior to your requested leave.

However, it’s important to note that unemployment benefits are typically not available during medical leaves or other types of protected leave unless specifically covered under programs like Paid Family Leave or Disability Insurance. Consulting with an attorney or your local unemployment office can help clarify your specific eligibility.

Who Qualifies for a Leave of Absence in California?

In order to qualify for a protected leave of absence under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), employees in California must meet the following requirements:

• Employment Status: You must be a full-time or part-time employee of a covered employer.
• Employment Duration: You must have worked for your employer for at least 12 months and have worked at least 1,250 hours in the 12-month period immediately preceding your requested leave.
• Employer Size: Your employer must have 50 or more employees working within a 75-mile radius of your worksite.

If you meet these qualifications and your employer refuses to grant your leave, or retaliates against you for requesting leave, you may have a legal claim for violation of your rights under FMLA or CFRA.

Contact our firm today to learn more about how we can be of service to you and the compensation you may be entitled to.