Did you know that 15 million Americans who need medical leave each year don’t take it because they fear losing their jobs? In California, where workers are legally protected, many employees are still denied their rights to medical leave or face retaliation for taking time to address their health. This is more than a violation of the law—it’s a threat to your well-being and livelihood.
What is Medical Leave?
Medical leave allows employees to take time off work to address serious health conditions, care for a loved one, or recover from medical procedures. Under federal and state laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave. While your health should always come first, employers sometimes create barriers, making it difficult or impossible for workers to take the leave they’re entitled to.
Violations of Medical Leave Rights in the Workplace
Even with clear laws in place, violations of medical leave rights are all too common. Here are some examples of what this can look like:
• Denying an eligible employee’s request for medical leave.
• Retaliating against an employee after they return from leave.
• Misclassifying an employee to avoid providing leave.
• Requiring employees to work while on leave.
• Terminating employees during or after their leave for discriminatory reasons.
These actions are not just unethical—they’re illegal under state and federal laws.
California Laws Protecting Medical Leave Rights
California provides strong protections for medical leave through laws like:
• Family and Medical Leave Act (FMLA): Guarantees up to 12 weeks of unpaid, job-protected leave for employees with qualifying medical or family needs.
• California Family Rights Act (CFRA): Extends FMLA protections, covering smaller employers and offering additional rights for California workers.
• California Fair Employment and Housing Act (FEHA): Prohibits retaliation or discrimination based on a medical condition or the use of medical leave.
These laws ensure your employer cannot penalize you for taking time to care for your health or your family.
How Do I Know if My Rights Have Been Violated?
If your employer denied your medical leave request, retaliated against you, or terminated your employment while you were on leave, your rights may have been violated. Other signs include being pressured to work during leave, not being reinstated to your position upon return, or facing negative performance reviews tied to your time off.
Why Choose Fraigun Law Group for Your Medical Leave Case?
When your employer violates your right to medical leave, attorney Marina Fraigun steps in as a relentless advocate for justice. With years of experience holding even the largest corporations accountable, Marina knows how to cut through the excuses and deliver results. Her sharp, no-nonsense approach ensures that your case is handled with the urgency and precision it deserves. Whether you’ve been wrongfully denied leave, faced retaliation, or lost your job because you stood up for your health, Marina will fight to protect your rights.
Choosing The Fraigun Law Group means choosing a team that combines fierce advocacy with compassion. Marina takes the time to listen to your story, develop a strong legal strategy, and ensure you feel supported at every step. Don’t let your employer’s misconduct go unchecked—reach out today to take the first step toward justice.
Common Questions about Medical Leave
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AM I ELIGIBLE FOR MEDICAL LEAVE IN CALIFORNIA?
You are eligible if you work for an employer with 5 or more employees (under CFRA) or 50 or more employees (under FMLA), have worked for at least 12 months, and have logged 1,250 hours in the past year.
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HOW LONG CAN I TAKE MEDICAL LEAVE?
Under FMLA and CFRA, you are entitled to 12 weeks of unpaid leave in a 12-month period to care for a serious medical condition or that of a family member.
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CAN MY EMPLOYER FIRE ME WHILE I’M ON MEDICAL LEAVE?
No. Firing you for taking or requesting medical leave violates FMLA and CFRA and could lead to serious legal consequences for your employer.
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IS MEDICAL LEAVE PAID IN CALIFORNIA?
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CAN MY EMPLOYER FORCE ME TO WORK WHILE ON MEDICAL LEAVE?
No. Requiring you to work while on approved medical leave violates the terms of FMLA and CFRA, and you may have grounds for legal action.
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WHAT IF MY MEDICAL CONDITION ISN’T COVERED UNDER FMLA OR CFRA?
If your condition isn’t covered, you may still be protected under FEHA, which prohibits discrimination based on medical conditions and ensures reasonable accommodations.
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WHAT SHOULD I DO IF MY LEAVE REQUEST IS DENIED?
Document all communications with your employer and contact an employment attorney like Marina Fraigun to evaluate your case and determine your next steps.
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CAN I TAKE MEDICAL LEAVE INTERMITTENTLY?
Yes. FMLA and CFRA allow employees to take leave intermittently if medically necessary, as long as it’s within the approved 12-week period.
How Fraigun Law Group Can Help
When your health and career are on the line, you need a team that will fight for you with confidence and compassion. Marina Fraigun is known for her tenacity, resilience, and ability to take on tough cases. The Fraigun Law Group will listen to your story, guide you through the legal process, and ensure your employer is held accountable for any violations. With Marina, you’ll have a fierce advocate who is unrelenting in her pursuit of justice.
Don’t let your employer’s actions put your health at risk—contact The Fraigun Law Group today. Let’s take action together.