Spanish 
English There are several state and federal regulations and laws that provide job protection for employees on medical leave. A number of factors can affect which of these regulations apply, but most workers have job protection for up to 12 weeks.
If you have questions or concerns about your job while you are on medical leave or believe your employer has violated your rights, talking about your case with an abogado laboralista from our firm can help. Our firm provides free consultations for workers who believe their employer may have illegally filled their position while they were on leave.
How Long Can I Be Out Sick Without Losing My Job?
California has a paid sick leave law that provides sick days for workers in the state. This allows employees to take time off because of illness or injury without fear of losing their job. In most cases, their job is still protected even when they exhaust their paid sick leave.
Generally, federal and state laws offer up to 12 weeks of medical leave without putting your job in jeopardy.
However, employers do not have to hold a job indefinitely for a sick or injured worker. Under some circumstances, such as small companies where missing an employee could cause undue hardship, they may not even be obligated to hold the position for 12 weeks.
What Laws Protect My Job If I Am Out on Medical Leave?
Several laws could come into play if you are on medical leave and require extended time away from work in California. Sometimes, some of the covered periods run concurrently, meaning you could receive protection from both the state and federal law.
Ley de Licencias Médicas y Familiares (FMLA)
FMLA provides up to 12 weeks of unpaid leave for qualifying employees. This leave does not have to be taken at one time. This applies when the worker or an immediate family member requires medical care or a few other covered circumstances. Under FMLA, your employer must hold your job or offer you an equivalent role when you return from leave.
California Family Rights Act (CFRA)
Según el GOV § 12945.2, CFRA provides certain employees up to 12 weeks of unpaid leave within a 12-month period if they face serious illness or injuries or their immediate family members require care and support for a serious illness or injury. This law applies to employers in California with five or more workers.
Like FMLA, this law requires the employer to hold your job or give you a comparable position when you return to work within 12 weeks.
California Pregnancy Disability Leave (PDL)
Por GOV § 12945, California law grants workers up to four months of leave for pregnancy-related concerns.
You are legally entitled to these protections. If your employer refuses to honor these protections, our team can help.
When Do These Job Protection Laws Apply?
If you have a serious injury or illness, you may require extended medical leave. Many conditions improve significantly enough over 12 weeks that you can return to work within the period covered by FMLA, CFRA, and similar laws.
These laws also generally apply when you have a spouse, child, parent, or another immediate family member who suffers a serious illness or injury and requires significant care and support from you.
To qualify for FMLA or CFRA, you must have met the minimum requirements for hours worked at your employer. This can make it difficult to take extended medical leave if you have recently started a new job. The requirements for both protections include working for your employer for at least 12 months and having worked for a minimum of 1,250 hours.
Our team can help you determine whether you qualify.
What If I Believe My Rights Were Violated?
If you believe your employer should have held your job while you were on medical leave or believe they violated other rights while you were undergoing treatment and recovering, contact an employment law attorney as soon as possible.
A lawyer from our firm is the best resource for understanding your rights and the laws that protect your job while you are on medical leave. You do not have to—and shouldn’t— try to figure this out on your own. You may have a right to get your job back or recover compensation for the frustration and headache your employer caused.
When you call on an employment law attorney, you will receive:
- A free consultation to assess your legal options
- An evaluation of your rights
- A knowledgeable legal professional who will listen to your side of the story
- A clear, easy-to-understand explanation of your legal options
- A legal advocate who will take action on your behalf
- Legal advice and guidance based on 10+ years of experience and knowledge
If you have concerns about your job while you are out on medical leave or believe your employer has illegally filled your position and eliminated your job, having an employment law attorney on your side is your best option to protect your rights.
Discuss Your Employment Law Concerns With Our Team Today
KJT Law Group has more than 10 years of experience handling complex employment law cases for our clients.
No case is too large or too small. Talk to Nuestro Equipo about your possible employment law case. We know how long an employer needs to hold your job while you are on medical leave, and we can explain your options based on your case facts. We are well-versed in California employment law and will ensure your employer is held accountable if they illegally filled your job while you were on medical leave.
Learn how we can help you today during a free, confidential consultation. We provide legal services in English, Spanish, and Armenian.
