Los Angeles Leave of Absence Lawyer
Taking a leave of absence for your health or personal needs shouldn’t cost you your job. If your employer has denied or mishandled your leave, Fraigun Law Group is here to stand up for your rights. You deserve support—not retaliation—when life happens. Let’s take action together.
In today’s workforce, many employees find themselves battling unnecessary stress when requesting time off to care for themselves or their loved ones. Statistics show that over 50% of employees in California fear retaliation for taking protected leave under laws like the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). Imagine being denied the chance to care for your newborn or facing a demotion after recovering from surgery. These are not isolated incidents—they are the unfortunate reality for countless workers across Los Angeles and the San Fernando Valley.
What is a Leave of Absence?
A leave of absence is a legally protected period of time during which an employee can take time off work for specific personal, family, or medical reasons without fear of losing their job. Under laws like FMLA and CFRA, eligible employees have the right to take up to 12 weeks of unpaid leave for qualifying reasons such as the birth of a child, a serious health condition, or caring for a family member with a medical issue. Despite these protections, employers often find ways to intimidate or retaliate against employees, making it critical to understand your rights.
Unfair Workplace Practices
If you’ve encountered any of these scenarios, you might be experiencing a violation of your rights:
• Denied Leave: Employers refusing to approve time off for qualifying medical or family reasons.
• RetaliationEmployer Retaliation: Demotions, pay cuts, or termination after requesting or returning from leave.
• Intimidation: Threats of job loss or negative performance reviews to discourage leave requests.
• Unlawful Documentation Requests: Employers asking for excessive or unnecessary proof of need for leave.
• Interference: Preventing you from exercising your rights to take or extend protected leave.
These practices are not just unethical—they are illegal.
California Laws Protecting Your Rights
California’s employment laws provide some of the strongest worker protections in the nation. The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) ensure that eligible employees can take leave without fear of retaliation. Additionally, the California Paid Sick Leave Law requires employers to provide paid sick days, and the Fair Employment and Housing Act (FEHA) prohibits discrimination based on medical or caregiving needs. These laws are designed to protect your job, your income, and your dignity.
How Do I Know if My Rights Have Been Violated?
If you’ve experienced resistance, retaliation, or intimidation when attempting to take a leave of absence, your rights may have been violated. Common warning signs include being denied your leave request without proper explanation, facing reduced hours or responsibilities after returning, or enduring hostile comments from supervisors about your leave. Documentation, such as emails, written denials, or performance reviews, can serve as critical evidence if your case moves forward.
What Should I Do if I’m a Victim of Leave of Absence Violations?
Start by documenting every interaction related to your leave request, including dates, times, and the names of those involved. Save all correspondence and review your employee handbook for policies related to leave. Then, contact a qualified employment attorney, like Marina Fraigun, to evaluate your case. Marina’s team will fight tirelessly to hold your employer accountable and secure the justice you deserve.
Why Choose Fraigun Law Group To Represent Me?
At Fraigun Law Group, we understand the emotional and financial toll of workplace mistreatment. Marina is known for her unwavering determination and bold approach to fighting for employee rights. Whether it’s facing off against large corporations or navigating the complexities of California’s employment laws, Marina’s commitment to justice never wavers. Choosing the Fraigun Law Group means having a tenacious advocate in your corner, ensuring your voice is heard and your rights are protected.
Common Questions about Leave of Absence Cases
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CAN MY EMPLOYER DENY MY LEAVE REQUEST IF I MEET ALL QUALIFICATIONS?
No. Under FMLA and CFRA, eligible employees cannot be denied leave for qualifying reasons. Employers must provide a valid, lawful reason if a request is denied.
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WHAT IF I’M RETALIATED AGAINST AFTER TAKING LEAVE?
Retaliation is illegal under California employment laws. Acts such as demotion, termination, or negative performance reviews after taking leave can be grounds for legal action.
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DOES MY EMPLOYER HAVE TO KEEP MY JOB OPEN WHILE I’M ON LEAVE?
 Yes. FMLA and CFRA require employers to reinstate employees to their original position or an equivalent role after returning from leave.
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CAN I TAKE LEAVE FOR MENTAL HEALTH REASONS?
Yes. Mental health conditions qualify as serious health conditions under FMLA and CFRA, provided they meet the criteria for medical necessity.
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HOW MUCH NOTICE DO I NEED TO GIVE BEFORE TAKING LEAVE?
Generally, you should provide at least 30 days’ notice for foreseeable leave. For emergencies, notify your employer as soon as possible.
Lets Fight for Your Rights
If you’re facing unfair treatment over a leave of absence, Fraigun Law Group is here to help. With a proven track record of taking on even the most challenging cases, Marina Fraigun combines compassion with unmatched legal skill to deliver results. Don’t wait—reach out today and let’s start building your case.