714-210-8000 Representing Employees Since 1993

Leave of Absence Attorney

The Family & Medical Leave Act Reasons and Eligibility for Family or Medical Leave

Under certain circumstances, an employee may have the need to temporarily stop working due to a medical situation, in order to attend to sick or injured family member, or due to childbirth or adoption. When this happens, their position is protected under the Family and Medical Leave Act of 1993. This act allows eligible employees up to 12 weeks per year of paid or unpaid leave for specific medical reasons.

An employee is eligible for Family Medical Leave (FMLA) if:

  • The employer has 50 or more employees in a 75 mile radius
  • The employee has been working for the employer for at least 12 months on the date their leave is to commence
  • The employee has worked at least 1,250 hours during the previous 12-month period before the date their leave is to commence
  • Acceptable reasons for medical leave are:
  • The birth of a child, or adoption or foster care placement of a child
  • To care for an immediate family member with a serious health condition
  • When the employee is unable to work due to a serious health condition

Family Medical leave must be used to care for the care of an actual serious medical condition of an enumerated family member or oneself. There are many different kinds of employee leaves in Calfiornia. Here are some examples and or reasons for hiring an Employment Lawyer for leaves other than FMLA:

  1. Sick leave, fin out from an experienced Orange County Employment Lawyers if this sickness qualifies for a leave of absence
  2. Pregnancy leave
  3. Maternity or paternity leave to care for a newly born or adopted child
  4. Medical leave for care for yourself or a family member
  5. Disability leave
  6. Military leave
  7. Leave for jury duty
  8. Time off from work for victims of sexual assault
  9. Time off from work because of domestic violence
  10. Time off from work if you or an immediate family member is a victim of violent or serious felonies
  11. Time off from work for emergency rescue personnel
  12. Time off work for reserve police officer
  13. Time off work for volunteer fir fighter (if the employer has 50 or more employees)
  14. Time off from work or discrimination against an employee required to appear in school after child suspension(In 2013 we obtained $95,000 for a bank employee fired because she had to attend a school suspension of her autistic child)
  15. Right to time off to attend a child school or daycare (if the employer has more than 25 employees)

leave of absence chart Orange County

Persons with recurring permanent health conditions may qualify for intermittent Family Medical Leave. To determine if your medical condition qualifies for intermittent Family Medical Leave, to the point your employer cannot ask for constant re-certification of your FMLA qualifying illness, please consult with one of our experienced Orange County Employment Lawyers. Family Medical Leave cannot be taken to give mere moral support. Sitting with a family member in the hospital, but not taking care of the family member is not a FMLA qualifying event.

Denied your right to medical leave? We could help!

Family Medical Leave is extremely important in some situations. When a loved one becomes sick or injured and requires care, you may be the only one capable of providing the care they need. You still need to keep your job, which is why the FMLA is so important. Don’t allow your employer to discriminate against you or anyone else due to pregnancy, illness, injury or the need to care for a family member. Report workplace discrimination and hire an Orange County Employment attorney to fight for your rights today!

Employment Lawyer in Orange County

Contact the office of Employment Lawyer’s Group today for the legal counsel and representation you need. We practice employment law extensively and are prepared to give our all in defending your right to paid or unpaid leave. Call now! 800-525-0700 toll free.


Employee Leave Rights are a complex area of employment law. The complexity of employee leave rights is evident when we are frequent lacks of understanding of employee leave rights by human resources. Only an experienced Orange County Labor Lawyer can properly advise you on your employee rights. Each leave right has many conditions including, but not limited to, length of leave, condition for which leave is allowed and of few minimum employee counts. Please do not rely on this page for legal advice contact our firm or an experienced employee leave lawyer for legal advice.