Medical Leave Discrimination and Interference

Under California and Federal law, eligible employees may be entitled to 12 weeks of job protected leave throughout any 12-month period, 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 or a comparable position when you return from leave. A “comparable position” means 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 protected by these laws, an employee must have worked for a covered employer for at least 12 months and must have worked for 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 that worksite.