Failure to Provide Medical Leave

Both the federal government and the State of California require that employers allow employees to take up to 12 weeks of unpaid leave. Some of the circumstances that constitute violations include the following:

  • An employer prevents you from taking leave when you have a medical condition;
  • An employer prevents you from taking leave when a family member has a serious medical condition;
  • An employer fails to maintain your health, dental and vision benefits throughout the full 12 weeks of leave to which you are entitled;
  • An employer claims to have no obligation to maintain your health, dental and vision benefits throughout the full 12 weeks of leave to which you are entitled;
  • An employer makes it difficult or impossible to take personal or family medical leave;
  • An employer treats you differently after having taken this leave;
  • An employer retaliates or discriminates against you for taking the leave by, as one example, demoting you to a lesser job.

If you believe that your employer hasn’t complied with any of the requirements for providing leave due to personal or family medical issues, you could have a claim.

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