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Employee Leave

Employee Leave in Sacramento

State and Federal Laws Entitle You to Leaves of Absence in CA

Life does not stop because you are employed. A full-time job can seem like an overwhelming burden if a child is sick, if you are expecting a child, if you are a new parent, if you have been injured, or if you have been called up to active duty military service. The law provides you with a right to request leaves of absence when certain major life events occur. In addition, many employers provide you, the employee, with time off and vacation benefits.

What happens when an employer denies your request for leave, refuses to offer you paid time off or vacation time, or otherwise appears to violate the law? The answer depends on what type of leave or time off is involved. Contact me today to discuss your case.

Paid Time Off (PTO), Sick Time, & Vacation Time

Although many employers choose to offer their employees paid time off and/or vacation time, neither of these forms of leave are required under California or federal law.

However, if the employer offers one employee PTO and/or vacation time, they must follow certain terms:

  • The employer must offer the benefit to all employees under the same terms
  • The employer cannot discriminate and award PTO and vacation time to certain employees and deny it to others
  • An employer may, however, only offer vacation time to full-time employees
  • Vacation time that an employee has earned is considered “wages” and is subject to being paid out at the conclusion of the employee’s employment

Other Types of Leave Mandated by Federal and State Laws

There are a variety of other types of leave that California employers must provide to employees. Although not all of the following types of leave must be paid, the employer may not prevent an employee from taking such leave and may not discriminate or retaliate against an employee who has requested this leave.

As a California employee, you are entitled to:

  • Leave to serve on a jury or testify as a witness or crime victim in a case
  • Leave to vote in local, state, and/or national elections
  • Leave for victims of domestic violence or sexual assault to obtain relief and services
  • Leave to serve in the military or leave for spouses of military members
  • Leave to attend school activities
  • Leave to voluntarily attend a rehabilitation program
  • Leave to serve as a volunteer firefighter, reserve police officer, and/or in the Civil Air Patrol
  • Leave to care for an ill family member
  • Leave in order to deliver one’s child and to provide postnatal care

(Note that some types mentioned above are not applicable to an employer due to the employer employing too few workers. It is best to consult with an attorney to learn what leaves of absence your employer must grant you and whether the leave must be paid or unpaid.)

Competent Employment Lawyer Serving Sacramento & Northern California

The Law Offices of Gay Carroll-Haring provides legal advice and direction after you have had a leave of absence denied in violation of the law. Contact me to discuss your case and assert your legal rights.

Call my office today at (916) 443-3553 to schedule an initial consultation.

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