In the state of California an employee is provided with protected leave under the law by a covered employer, including Paid Sick Leave, Medical Leave to treat an employee's qualifying disability, Medical Leave to treat the qualifying disability of a close relative, Pregnancy leave, Paternity leave, and adoption or custody leave. 

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Protected leave may be taken all at once, or intermittently depending on the reason for the leave. 

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Protected leave may be paid or unpaid, and an employer may have an employee utilize their paid sick or vacation days prior to going on leave.  If an employee takes or is granted protected leave, they must be returned to the same or like position at the expiration of their leave and return to work.  An employee may not be terminated in retaliation for taking a protected leave.   

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​Depending on the reason for the leave, California may have different qualifications for an employer to constitute a "covered employer" and be mandated to provide protected leave.  The California Family Rights Act "CFRA," the Labor Code, and the Pregnancy Disability Leave Act "PDL" all have different requirements of what constitutes a covered employer.  However, even if your employer is not covered, you may still be eligible for protected leave as a Reasonable Accommodation under the Fair Employment and Housing Act "FEHA."    

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If you suspect your employer has violated your rights  to a protected leave, please feel free to reach out for a free consultation.