Los Angeles Disability Leave Attorney

Disability Leave Lawyer in Los Angeles, CA

Most people depend on their jobs to support themselves and their families. However, if an employee develops a temporarily disabling condition, they should not have to worry about whether they will lose their job. Under federal and state law, employees have the right to take medical leave. At the Azadian Law Group, PC, we are ready to help if you have been terminated or retaliated against at work for taking your legally allowed medical leave. Let our paid disability leave lawyer in Los Angeles help you today.

Key Laws Governing Disability Leave

Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons, including a serious health condition that makes the employee unable to perform their job.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations, which may include disability leave, to qualified employees.

California Family Rights Act (CFRA)

Like the FMLA, the CFRA allows eligible California employees to take up to 12 weeks of unpaid, job-protected leave for serious health conditions.

State Disability Insurance (SDI)

In California, employees who cannot work due to a non-work-related illness or injury may be eligible for short-term disability benefits through the SDI program.

Common Issues in Disability Leave Cases

Navigating disability leave can be complex, and employees often encounter various challenges. Common issues include:

Employer Denial of Leave: Employers sometimes deny legitimate disability leave requests due to a misunderstanding of the law or a desire to avoid accommodating the employee.

Retaliation: Some employers retaliate against employees who take disability leave by demoting them, reducing their hours, or terminating their employment.

Unlawful Termination: Terminating an employee for taking disability leave is illegal, but unfortunately, it still happens.

Insufficient Accommodations: Employers are required to provide reasonable accommodations for employees with disabilities. Failing to do so can violate the ADA and other laws.

Understanding the laws behind paid disability leave in Los Angeles, California

Most people do not realize that there are certain situations in which they are allowed to take time off of work for medical and family reasons without losing their jobs. Two laws protect workers in this state: the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Not all employers must comply with the FLMA. They only have to comply with federal law if they have at least 50 employees for at least 20 weeks in the current or previous year. For workers to claim FLMA protections, they must have worked:

• for the company at least a year
• at least 1,250 hours the previous year
• at a location with 50 employees within a 75-mile radius

The CFRA is similar to the FMLA, but the employer requirements differ slightly. The employer must have 50 or more employees, but there is no weekly limit for that number of employees.

What conditions are covered under these laws?

Under both the FMLA and the CFRA, workers are eligible for up to 12 weeks of unpaid leave in 12 months for the following:

• the birth of or adoption of a child by the worker
• recovery time from a serious health condition
• the serious health condition of a child, spouse, or parent

If an employer fails to provide this time off for a disabled worker, they are breaking the law. The employer could face a lawsuit if they deny this time off. A person is eligible for unpaid leave for disability even if they do not specifically request time off under one or both of the laws mentioned. Many people do not make these requests in writing, either because they do not anticipate missing that much time away from work or because they are unaware of the existence of these laws.

Our Disability Leave Lawyer in Los Angeles can help you with your case

If you or someone you care about has been denied access to legally allowed paid medical leave at work, consult an experienced employment attorney as soon as possible. At the Azadian Law Group, PC, we are ready to help you. Our goal is to secure the following:

• Recovery of lost wages
• Reinstatement to your job if necessary and desired
• Court costs and legal fees
• Pain and suffering damages
• Possible punitive damages against the employer

When you need a Los Angeles paid disability leave lawyer, you can contact us for a free consultation by clicking here or calling us at 213-229-9031.