Fears about job protection were often what prevented employees from taking time off work to care for a loved one before the Family and Medical Leave Act (FMLA) was passed in 1993. Since its passage, though, the FMLA as well as the California Family Rights Act (CFRA) guarantees eligible employees returning from leave will be restored to the same or similar position with equivalent pay, benefits, status and work conditions.
While Paid Family Leave (PFL) does not obligate an employer to hold a position open for the employee to return to, PFL can be taken concurrently with FMLA or CFRA to provide those protections to the employee.
As we said, job security proves to be one of the foremost problems with this area of employment law. If you are eligible for employee leave and provided proof to your employer of qualifying reasons for such a leave, you should not have to worry about losing your job. Employers who deny legitimate requests for leave or fire, demote or transfer employees to less favorable locations or shifts for taking leave could be liable for compensation for past and future lost income, emotional distress and punitive damages. If you believe your employer denied you your legal right to take leave or fired you for trying to do so, you should contact our Los Angeles employment lawyers to set up an initial consultation and discuss your options for legal recourse.
Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment attorneys