Workers have certain rights under the law. Statutes protect the right to receive wages, including overtime wages in certain circumstances. Workers have protections from unsafe environments and harassment.
They also have the right to reasonably balance their personal lives with their professional lives. That process may require that they occasionally take time off from work. Some employers do provide paid leave benefits. However, not all workers receive paid leave. Even those who do may not have enough leave to address major personal issues.
In some cases, employees may need to request unpaid leave. When are workers eligible for an unpaid absence?
When state and federal laws apply
The Family and Medical Leave Act (FMLA) was a groundbreaking law when federal legislators first enacted the statute. Under the FMLA, employees can take up to 12 weeks of unpaid leave in certain circumstances. Those circumstances include personal medical challenges, the birth of a child or the need to provide medical support for a family member.
The California Family Rights Act (CFRA) expanded on the FMLA. It added different relationships to the qualifying relationships for medical support purposes. It also decreased the number of employees necessary for workers to qualify for unpaid leave.
Under the CFRA, employees who have held their job for at least a year and worked 1,250 hours or more during that year can request unpaid leave as long as they have at least five co-workers. Employers should allow workers to take leave and then return to their jobs without any retaliatory punishments.
In cases where employers deny valid leave requests or punish workers for requesting leave, that conduct may constitute a violation of the workers’ rights. Pursuing legal action is an appropriate response in scenarios where employers refuse to uphold the FMLA and CFRA.