Some employers illegally deny employees' requests for leaves of absence (LOA) protected under laws like the Family Medical Leave Act (FMLA). If an employer denies an eligible employee's LOA request or takes adverse action against them for taking an approved LOA, it violates the law. In such cases, multiple affected employees may join together in a class action lawsuit against the employer to seek justice and penalties. Employees should consult a class action lawyer if they believe their employer has interfered with their legal rights to an LOA.
3. While any employer will argue that it’s challenging to make profits when employees are on
leave, the FMLA sets it clear that every covered employer should have protected leave to an
eligible employee for family responsibilities or medical reasons. That way, employees have a
work balance.
Unfortunately, some employers violate such laws willfully. Thanks to California laws that are
lenient when it comes to time off for California employees.
If your employer has denied your time off request or has taken adverse employment action
because you took a leave of absence, you may have a claim.
What Is Leave Of Absence?
A leave of absence is an approved extended time off from work that allows employees to get
back to their position after the leave ends. There are many reasons why employees take LOA.
Some of the reasons include:
• Educational leave: To attend school to advance for the quality of their service at work
4. • Medical leave: To get medical care for temporary incapacity for injury or illness
• Jury duty: To attend to an obligation as a jury in court.
Leave of absence is days off from work that is always pre-approved in your employment
contract. It can either be mandatory or voluntary.
Mandatory leave is one whose laws are governed under the FMLA or ADA, customarily given
based on the employer and where an employee works. For such leave, an eligible employee
must be granted a protected leave. When an employer is not keen on such laws or is just
ignorant and this affects a group or workers, such employees have a right to join together and
consult class action lawsuit lawyers in California, who can guide them on whether they may
file a class action claim.
When it comes to voluntary leave, such is offered as a courtesy to employees. But this has to
be in line with the company policy. Such leave can be termed as personal leave granted to an
employee to allow them to have extended time off for a particular incident such as career
advancement.
5. When Your Employer Denies Your Time Off
If you requested a leave and believe the CRFA or FMLA covers your reason, such leave should be granted.
When your employer denies you such leave, this violates the law. No employer should interfere with
employee’s time off, especially when it’s deemed to cater for their medical needs or any other legitimate
reason provided by the law. Doing so paves the way for penalties and fines for such an employer. Worse
still, the employer may face an employment class action lawsuit for violating the law.
If multiple employees endure the same workplace employment law violation, they may join together to
form a class to ensure they receive justice.
LOA class action claim may be hard to manage. However, employees involved should have the correct
information of what applies to FMLA or CRFA on how to go about leave policies at the workplace.
When an employee goes for an LOA, the employer should be reinstated back to their position, not unless
there is an exception, such as when an employee cannot perform their duties due to a persisting illness or
injury, such as employee may be entitled to reasonable accommodation.
6. Get A Class Action Lawyer
Violation of employment law in California mostly affects more than one
employee. For instance, if your employer has denied your leave request
claiming there is a heavy workload; there may be other employees probably
facing or have faced such denial. Such employees who have been victims of
the same workplace violations may file a class-action lawsuit and benefit from
a consolidated claim. However, such cases require that the employees be
represented by a class action lawyer who understands violation of employee’s
policies.
You need to get a class action lawyer if:
• There is illegal denial of leave request. Your employer may have interfered
with your need to get the LOA and has no reasonable explanation for the
denial.
7. • Your employer takes an adverse employment action because you took LOA, such as
discrimination or wrongful termination. The employer may also retaliate against anyone
opposing such practices at the workplace.
• Your employer required you to give too much notice for your time off.
When filing an FMLA claim, you have to make sure you have such rights under the FMLA,
and have suffered an injury due to a common factor.
Employees should be notified of their rights as per the FMLA. Also, the employer may
require that such employees provide certain documents of why they need such leaves.
If you are a group of employees entitled to LOA and believes your employer has interfered
with your employment rights, you should look for a class action lawyer right away. This way,
you will assess the best options to get justice for every employee and ensure your employer
refrain from such behaviors.
