In the “Family Law” law we can find a type of protection that is the right of all employees. This seeks to support those workers who require a permit of up to 12 weeks to keep their job while they are absent for reasons such as:
- Own sickness
- Illnesses of close relatives
- Pregnancy (including any condition derived from it, and any necessary accommodation required)
- Create a bond with a new child
Employers in the state are responsible for transmitting this information to their workers so that they are aware that it is possible to request this type of permit without running the risk of losing their job. Likewise, employers do not have the obligation to pay for these permits if they do not wish to do so.
On the other hand, employees have obligations and requirements to meet in order to be protected by this law, among which are included:
- You have been working for the same employer for more than a year.
- You have worked at least 1,250 hours during that first year.
- Take no more than 12 weeks leave.
- Work for an employer with 5 or more workers.
- Give your employer as much advance notice as possible so they can plan objectively while you are away.
After 12 weeks or less of absence to take care of your health or one of the family matters that the Family Rights Law protects, you should be able to return to work without any problem and take the position you held or a similar one in if it is no longer available.
More information about the Family Rights Act can be found at https://calcivilrights.ca.gov/family-medical-pregnancy-leave/#:~:text=The%20California%20Family%20Rights%20Act,bond%20with% 20a%20new%20child.
Remember that if you are fired, reprimanded or denied permission when you meet all the requirements you can file a claim to bring justice and recover what you lost.
Our lawyers at Lara & Luna APC are ready to help you. Do not hesitate to contact us.