Medical Leave Interference & Discrimination

Most Employees Are Permitted 12 Weeks of Job Protected Leave

Under California and federal law, eligible employees may be entitled to 12 weeks of job-protected leave during any 12-month period. During the leave, employers are not allowed to take away job-based health insurance from the employee. Workers may take leave for any of the following reasons:

  • The employee’s own serious medical condition
  • Caring for an immediate family member with a serious medical condition
  • Caring for a newborn child
  • Receiving a foster child or adoptive child

“Job-protected leave” means that you must be reinstated to the same position or a comparable one when you return from leave. A “comparable position” is employment in a position virtually identical to the employee’s original position in terms of pay, benefits and working conditions, including location and shift/work schedule.

It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility and authority. Only under very limited circumstances can an employer refuse to honor the reinstatement guarantee.

To be eligible for leave under California and Federal laws, an employee must have worked for a covered employer for at least 12 months and 1,250 hours in the 12 months before the start of the leave. The employee must also work at a worksite where 50 or more employees are employed by the employer within 75 miles of the location.

If you’d like to learn more about your rights, contact Jeannette for a free consultation at (415) 444-5800 or by filling out a confidential consultation form here.