Has your employer refused reasonable accommodations or protected leave? Ferraro Vega lawyers are here to help you uphold your legal rights and recover fair compensation. Contact our law office at (619) 693-7727 to schedule a free consultation with a San Diego accommodations & leaves lawyer who can help.
You may have the right to sue your employer for damages for violating employment law. We work on a contingency-fee-basis which means you face no out-of-pocket attorney’s fees for the legal representation you deserve.
How Our San Diego Employment Lawyers Can Help with Your Accommodations and Leaves Claim
California law protects most employees from discrimination and offers strong leave protection in many scenarios, including medical leave and pregnancy disability leave. If your employer has failed to make reasonable accommodations for a disability or allow you to take leave for a protected event, you may have a claim against your employer.
Unfortunately, employment law is very complex with strict deadlines and steps that must be taken before a lawsuit can be filed. Depending on your case, you may be protected under federal or state law. A San Diego employment lawyer can help you during every stage of your case to hold your employer responsible for discriminatory and illegal practices involving leave and accommodations.
Ferraro Vega San Diego Employment Lawyers focuses solely on employment litigation in San Diego County. Our accommodations and leaves lawyers spent years working with some of the largest employment law firms in the U.S. and gained valuable experience we put to work for you. We work on a contingency-fee basis to give all workers access to sound legal representation without out-of-pocket costs.
Turn to Ferraro Vega San Diego Employment Lawyers to handle your accommodations and leaves case and count on us to:
- Provide experienced legal advice and guidance at every step
- Investigate your case to determine how your rights were violated
- Determine which federal and state laws are applicable to your case
- Ensure the necessary steps are taken to protect your claim
- Negotiate with your employer on your behalf
- Represent you in a discrimination lawsuit to seek fair damages for the harm you have suffered
Ferraro Vega San Diego Employment Lawyers is here to give you the representation you deserve. Call our law office today to speak with an employment discrimination lawyer in San Diego who can help you.
Employee Rights to Accommodations in San Diego
Employees with disabilities have a legal right to reasonable accommodations from their employers. Federal and state law requires employers to provide reasonable accommodations for known physical and mental disabilities that allow employees to do their job.
There are two main laws that protect employees with disabilities:
It’s important to understand what is considered a disability and how “reasonable accommodation” is defined.
What Is Considered a Disability?
Employers are not required by California law to provide accommodations for every medical condition. A condition must qualify as a disability which is defined as a condition that substantially limits major life activities. If even one major activity such as walking, physical activity, mental activity, or eating is limited, it is a disability.
Not only physical disabilities are covered by California law. The law also protects employees who have psychological or mental disabilities such as mental impairment, mental illness, or learning disabilities.
Note that some conditions are specifically excluded such as illegal substance use, compulsive gambling, and sexual behavior disorders.
What Is Considered a Reasonable Accommodation?
A reasonable accommodation is any change to an employee’s duties or environment to allow them to perform the essential functions of their job.
Examples could include:
- Allowing an employee to leave for medical care
- Rearranging the workspace to accommodate a disability, or
- Allowing an assistive animal.
Employees and employers must go through an interactive process to discuss possible accommodations. However, employers are not required to make any accommodation the employee requests or even any accommodation that is needed to perform the job.
Employers must only make reasonable accommodations that do not create an undue hardship through significant expense or difficulty.
Filing a Lawsuit for Employment Accommodation Violations in Southern California
When employers discriminate against employees or applicants with a disability or refuse reasonable accommodations, they may be open to a lawsuit. If an informal dispute with your employer or contacting human resources does not address the problem, a San Diego employment discrimination attorney may help.
Discrimination claims can be filed under the Americans with Disabilities Act through the Equal Employment Opportunity Commission (EEOC). The California Department of Fair Employment and Housing (DFEH) handles complaints brought under the California FEHA. Your employer is prohibited from retaliating against you for requesting reasonable accommodations or exercising your legal rights.
What Types of Leave Are Protected in San Diego?
Eligible workers in California may be entitled to many types of leave:
- Family and medical leave
- New parent leave
- Sick leave
- Bereavement leave
- Pregnancy disability leave
- Crime victims leave and domestic violence victim leave
- Jury duty and subpoena leave
- Voting leave
- Literacy education leave
- Kin care leave
- Military spouse and military injury leave
- Organ and bone marrow donor leave
- Drug and alcohol rehab leave
The amount of leave you may be granted depends on the type of leave and relevant law. To be eligible for many types of leave, you must have worked for your employer for at least 12 months and 1,250 hours.
Many types of leave do not require any payment or wage replacement. Some types of leave trigger State Disability Insurance benefits or are eligible for paid leave.
Paid leave or wage replacement is required for organ donation, workers’ compensation, disability insurance, paid family leave, kin care, and paid sick leave.
Workplace Leave Laws in San Diego
California has some of the strongest leave laws in the United States. California leave laws allow employees to take unpaid leave for protected events. State and federal leave laws offer job protection for up to 12 weeks for covered events. Some forms of leave also offer wage replacement.
The following state and federal laws protect your job and guarantee your right to leave in specific circumstances.
Family and Medical Leave Act
FMLA is a federal law. It grants eligible employees up 12 weeks of unpaid leave for an illness, a child’s birth or adoption, or to care for a close family member. Up to 26 weeks of leave is provided to care for a family member with a serious health condition if they are a servicemember or veteran. After taking protected leave, you can typically return to the same or an equivalent job.
FMLA only applies to employers with 50 or more employees. Note that the employer may require or the employee can choose to use paid leave such as PTO.
California Family Rights Act
The CFRA offers similar protection as the FMLA. However, it has been amended to include more protections.
Most importantly, the CRFA covers employers with 5 or more employees for greater protection. It also expands who is considered a covered family member beyond minor children, parents, and spouses. Registered domestic partners, children of any age, siblings, grandparents, and grandchildren are also covered.
Additional California Labor Laws Providing Leave Protection
California has a wide range of laws protecting employees for taking leave for covered events. The following are additional laws that may apply to you.
- Pregnancy Disability Leave (PDL) covers leave for a woman who is disabled by pregnancy or childbirth. It provides up to 4 months of maternity leave while a disability continues.
- Paid Family Leave (PFL) offers benefits for workers who need to take time off work to bond with a new child, participate in a qualifying event for a family member’s deployment, or care for a seriously ill family member. Eligible workers can receive up to 70% of wages for up to 8 weeks within a 12-monht period.
- California Fair Employment and Housing Act (FEHA) protects a disabled worker’s right to leave for medical care
- California Labor Code 230.1 protects victims of domestic violence for leave related to the crime
- California Labor Code 233 covers kin care
- California Labor Code 1025-1028 covers leave for drug and alcohol rehab
- Healthy Workplaces, Healthy Families Act
- California Workers’ Compensation
- California State Disability Insurance
- Michelle Maykin Memorial Donation Protection Act applies to organ and bone marrow donors
A San Diego employment leave lawyer can help you understand what type of leave you are entitled to and which laws may apply to your case.
Your employer must allow you to take leave unless you do not qualify for leave, your employer isn’t covered by leave laws, or the type of leave isn’t covered by state or federal law. When your leave ends, you cannot be demoted for taking the leave and you must be allowed to return to the same or an equivalent position.
Employers are prohibited from violating California’s leave laws or retaliating against employees who exercise their right to leave. If your employer threatens you with retaliation, wrongfully terminates you, or refuses you leave you are entitled to take, you may have a claim against your employer.
Contact a San Diego Accommodations and Leaves Lawyer
Has your employer violated accommodations or leave laws? You have rights and Ferraro Vega San Diego Employment Lawyers is here to help you. We will fight for the benefits you deserve, protect you against retaliatory actions, and pursue damages for any adverse employment actions your employer takes against you.
Contact our law firm today to schedule a free consultation with a San Diego accommodations & leaves lawyer who can help you.