California Employment Law
California Employment Law Questions Answered by Legal Experts
Hi Julie, thank you for your question today.
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Unfortunately, the laws which would protect your leave are the CFRA and the FMLA.
While there are additional laws which would apply if you were pregnant, those are the two laws applicable to you absent that.
What is CFRA? Does it have the same 12 month restriction?
The CFRA is the California Family Rights Act and while it gives more protection than the FMLA it does share that same 12 month restriction.
Is the leave you need less than a week?
The only remaining option would be to try to protect yourself under the ADA requesting a reasonable accommodation based on a disability.
How long exactly is the leave
approximately 3 months
but i doubt i would need that long
so the leave is more than a week
yes it is
Unfortunately, while the ADA can be used for short leaves, it cannot be extended more than a week or two even in the most severe of circumstances.
Given the facts you have presented, if you need a 3 month leave, that is not for the purpose of giving birth, then your only remaining option would be to get something from the company approving your leave. That being said, depending on what is given to you, you may be able to create a contractual right for them to give you your job back.
But that will depend solely on the language that they choose to use
I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.
I very much appreciate your expert opinion, this is what I am doing
Have I fully answered your question today?
Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
could you send me your response to my email address?
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another quick question - or actually 2. (1) can they fire me while I am on my medical leave and (2) do they need to approve a Leave of Absence?
1) Yes, unfortunately, they can fire you while on medical leave as long as it is not protected (i.e. CFRA, FMLA, Contract) and 2) There is no requirement to provide a leave of absence, unless it is specified in your employment contract
Okay, I appreciate your help.
I am glad I could give you the information you were looking for. Have I fully answered your questions today?
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