Common Challenges Employees Encounter With Medical Leave at the Workplace in Los Angeles

The workplace can be difficult to navigate in many ways, but it is especially so when you need to take some time away from work because you or a family member has a medical need. Many challenges can accompany a request for leave. It can be intimidating to even ask your employer about the possibility of taking leave. It can be useful to review some common challenges employees encounter with medical leave at the workplace in Los Angeles.

Remember, you are not alone in this situation. It is normal to have many questions about how to proceed with your employer regarding medical leave. A trusted, seasoned lawyer can evaluate your situation and guide you on which steps to take next.

Discouragement From Employers

One common challenge an employee may face when applying for medical leave at work is discouragement from their employer. There may be various reasons why an employer would not want an employee to miss work for multiple weeks in a row, which may lead them to covertly manipulate an employee into not applying for leave. This may happen whether an employer is aware of your qualifications for leave or not.

Discouragement from employers can also come in the form of shameful or hurtful comments aimed at persuading you to keep from pursuing medical leave. An employer should also avoid discussing your personal matters with any other employees without your permission.

Failure to Make Appropriate Accommodations

In some cases, such as if an employee is pregnant or is suffering from a new medical condition, they may request specific accommodations to help manage those conditions. Examples can include a chair at their workstation to modified hours at work. While employees may be unable to make certain accommodations last long term, there is usually a proper way to accommodate a disabled employee.

As a disabled employee, you may require intermittent periods of time away from work. There are cases in which this type of leave is protected by state law. However, not all employers may be aware of this. An experienced lawyer can determine if you may be eligible for this type of leave. They can also explain the appropriate way to share this information with your employer.

Terminating an Employee’s Position

One of the most severe challenges an employee may face upon taking medical leave is their position being terminated or being refused the opportunity to return to work after leave. California state law protects an employee’s job for up to twelve weeks for medical leave. This means that an employee cannot be terminated for the sole reason of taking leave. Their position also cannot be discontinued in their absence without a provision for an alternate, equal position.

How a Lawyer Can Help

If you are facing difficulties in the workplace because you need to take CFRA-protected medical leave, one of the first steps you can take is to obtain the guidance of an experienced attorney. Your ability to legally obtain medical leave and your employer’s limitations on what they can do about your decision are clearly outlined by state law. An attorney can explain what these regulations are and how they apply to your situation.

FAQs

What Are the Rules for Medical Leave in California?

A person must meet multiple requirements to qualify for medical leave in California. To be eligible for CFRA leave, an employee is required to have worked at least 12 months for their employer and at least 1,250 hours within the last year before the date they want their leave to begin. Additionally, they must be employed by someone who has at least five employees.

Can an Employee Be Terminated While on Medical Leave in California?

An employee cannot be terminated strictly for being on medical leave in California. The California Family Rights Act protects an employee’s job while they are away on leave. However, there are circumstances in which an employee on leave may be terminated, but the employer must prove that the termination was the result of a cause other than their medical condition or being on leave. If they would have been terminated anyway, the termination is legitimate.

What Is Considered CFRA Discrimination in California?

CFRA discrimination in California may come in many forms. However, it refers to any situation in which an employer attempts to interfere with an employee’s right to take leave as outlined in the CFRA. An employer may:

• Refuse to allow an employee to take qualified leave.
• Discourage them from taking leave.
• Demote their position.
• Reducing their hours due to having taken leave
• Terminating an employee who has asked to take CFRA leave.

How Do I Ask My Employer for CFRA Leave?

You should let your employer know in advance that you will need to take CFRA leave if you can. This will help them establish an alternate work plan for you and prepare for the loss of your spot in the upcoming weeks. You can also provide information about how your circumstances qualify you for CFRA leave, including your medical situation or that of your family member.

Contact the Shirazi Law Firm, PC

If you are having trouble taking medical leave in the workplace, it can be difficult to find the time and courage to discuss such issues with your employer. If you are being treated unfairly because of your CFRA leave needs, you may not know who to turn to. An experienced lawyer can explain how your rights as an employee apply in the workplace. They can also show you what you can do to protect them against unaware or uncaring employers.

At the Shirazi Law Firm, PC, we understand the difficulties that can come with taking medical leave. There can be a long legal process ahead if your employer is being less than cooperative. If this is your situation, seeking legal guidance as soon as possible can be crucial for taking the leave time you are entitled to. Contact us today to learn more about your rights and how we can fight to protect them.