Trusted Legal Advocacy

Can your employer fire you for requesting a leave of absence?

On Behalf of | Dec 27, 2021 | Employment Law

Employees in California have numerous legal protections. Not only do they benefit from federal laws, but there are numerous state laws that expand nationwide protections.

Workers in any state could potentially ask for a leave of absence under the Family and Medical Leave Act (FMLA). Workers in California can request leave under a similar state law, the California Family Rights Act.

Can an employer fire someone who requests an extended leave of absence under one of these two laws?

Workers should not face retaliation for seeking a valid leave

The purpose of guaranteeing the right to unpaid leave is to allow workers to provide support to ailing family members or take care of their own health without losing their job. Provided that a worker’s situation meets the standard for personal medical leave or family leave and their employer is large enough for the law to apply, they should not face any penalties for requesting leave.

An employer should allow them to take the time off and then to come back to the same job or to an equivalent position in the company. An employee should not receive a demotion, a cut in pay or any other workplace penalties simply for taking a necessary leave of absence. Workers who have been unfairly punished for exercising their rights may need to fight back against an employer who violated either state or federal law.

Learning more about employment laws can help you stand up for yourself when your employer mistreats you. Getting experienced legal guidance can help you protect your rights and your job.