In California, employees are entitled to take up to twelve weeks per year of job-protected unpaid leave to care for his or her own or a family member’s serious health condition. However, to qualify the employee must have:
- Worked for the employer for at least 12 months
- Worked at least 1,250 hours in the year prior to the day they need to begin leave
- Worked at a worksite with at least 50-employees within a 75-mile radius of that worksite
An employer cannot deny an employee this leave and also cannot retaliate against an employee for taking a leave under this law with limited exceptions.
Fair Employment and Housing Act (FEHA):
The Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. You may file a private lawsuit under the Fair Employment & Housing Act.
If you have any questions or if you believe your rights have been violated, don’t hesitate to contact us us for a free consultation.