Attendance concerns can create tension between professionals and their employers. Businesses generally want workers who are reliable and who show up for every shift on time. Employees may want to be diligent and trustworthy professionals, but they also need to maintain a reasonable work-life balance for their health and the preservation of their families.
In some cases, California employees may need to take leave despite wanting to retain the positions they hold with their current employers. There are several types of protective leave available in California that can help workers address their personal matters while protecting their careers.
What types of leave are available?
Most employees in California are eligible for paid sick leave. Employers generally need to offer even part-time and temporary workers a minimum of five days or 40 hours of paid sick leave annually. Workers may also be eligible for five days of bereavement leave after the death of a family member or victim’s leave if they experience domestic violence or other criminal activity.
California also protects the right to take unpaid leave. The Family and Medical Leave Act (FMLA) is the federal law that guides unpaid leave. The California Family Rights Act (CFRA) expands on that law. Workers at companies with five or more employees may be eligible for up to 12 weeks of unpaid leave under the CFRA.
Retaliation is unlawful
Whether workers request two days of paid sick leave due to the flu or two weeks of unpaid CFRA leave to heal from an orthopedic injury, their employers should allow them to take leave without punishing them. Leave retaliation can manifest as a demotion or pay reduction after taking leave.
Some companies unfairly deny leave requests or fire workers who insist on taking leave as allowed under the law. In some cases, employers may start taking issue with an employee’s job performance or writing workers up for minor violations they ignore from other employees. Any form of retaliation against a worker who took protected leave may constitute illegal retaliation and could be grounds for an employment lawsuit.
San Diego professionals dealing with leave-related employment disputes often need assistance. Consulting with an attorney who specializes in employee representation can help workers understand and assert their protected leave rights.