Medical leave is not just a benefit but a vital protection that allows employees to address serious health needs or care for their loved ones without fear of losing their jobs. Whether it’s for childbirth, caring for an ailing parent, or recovering from surgery, the right to take medical leave ensures employees are supported during life’s most challenging moments. Unfortunately, some employers unlawfully interfere with or deny employees the ability to exercise this right. If you’ve faced obstacles when attempting to take or return from medical leave, our medical leave lawyer near Mountain View at the Law Office of Jeannette A. Vaccaro is here to help you protect your rights.Â
Medical leave interference occurs when an employer denies, limits or disrupts your ability to take leave that is protected under employment laws, such as the federal Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). Examples of interference may include refusing to approve your leave request, penalizing you for requesting time off or retaliating against you upon your return.Â
Both the FMLA and CFRA grant eligible employees the right to take up to 12 weeks of unpaid, job-protected leave annually for qualifying reasons. These reasons could include recovering from a serious medical condition, caring for a newborn or assisting a family member with a severe illness. Yet, despite these assurances, some employers unlawfully interfere by threatening termination, reassigning you unfairly or even questioning your need for leave.Â
Under the FMLA and CFRA, employees are entitled to job-protected medical leave without fear of retaliation or harassment. Employers are required to reinstate you to your original position or a comparable role with the same pay, benefits and working conditions upon your return. The CFRA ensures additional rights for Californians, including the ability to take leave to care for registered domestic partners, a protection not provided under the FMLA.Â
To qualify for these protections, however, certain criteria must be met. For example, you must have worked for your employer for at least 12 months and logged 1,250 hours within the past year. Additionally, your employer must meet the minimum employee threshold—50 employees under the FMLA or five under the CFRA.Â
If your employer has denied you leave, interfered with your rights or retaliated against you for exercising your lawful protections, you may have a legal claim.Â
At the Law Office of Jeannette A. Vaccaro, we understand how devastating it can be to face discrimination or interference when you’re already dealing with medical or family stress. Our firm provides compassionate yet tenacious representation and we are committed to ensuring your voice is heard. By helping you understand your rights and pursuing legal strategies tailored to your situation, we work tirelessly to obtain the compensation and justice you deserve.Â
If you’ve experienced interference or retaliation regarding medical leave, don’t wait to seek experienced legal assistance. The Law Office of Jeannette A. Vaccaro is here to stand by your side and fight for your rights. Contact us today to schedule a case evaluation with our medical leave lawyer near Mountain View.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.