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Disability Leave

Are you entitled to disability and/or medical leave?

If you or you family member had a serious health condition, or you gave birth to or adopted a child, you may be allowed to take protected leave from work. This means you would be able to take time off of work and your employer will not be able to fire you.

An employee who needs to take off work for medical leave is protected under both the federal Family and Medical Leave Act (FMLA) and the local California Family Rights Act (CFRA).

Specifically, the California Family Rights Act (CFRA) was created to ensure the protection of people who leave work for the following:
• Bonding with a child after birth
• Placing of achild for adoption or foster care with the employees family
• Employees child, parent or spouse who has a serious health condition
• Employee’s own serious health condition

However, FMLA/CFRA only protects employees who meet the following criteria:
• worked for their employer for at least a year,
• in the past year worked at least 1,250 hours, and
• the employer has at least 50 employees working within 75 miles of the employee’s worksite.

Both FMLA/CFRA, entitle employees to take a maximum of 12 weeks of unpaid medical leave to either take care and bond with a newborn child, bond with a newly adopted child, take care of a seriously ill family member or take off work for their own serious illness.

It is illegal for any employer to firean employee or treat them differently for taking medical leave. Employees who take disability or medical leave also usually have a right to be reinstated to the original position they had prior to taking medical leave.

If you believe you believe your employer has not treated you fairly with regard to your entitled disability or medical leave, contact the attorneys at Abramson Labor Group. We will vigorously and aggressively fight for your rights and get you the justice you deserve.
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