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Can employers fire workers for requesting unpaid leave?

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Can Employers Fire Workers for Requesting Unpaid Leave?

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Absenteeism is a hallmark of an unreliable worker. Companies often have strict attendance policies that can lead to the termination of those who miss too many days of work without justification or advance notice. Sometimes, even trustworthy and diligent professionals need time away from work. They may have personal medical challenges or family emergencies that require their attention. Workers across the country benefit from the Family and Medical Leave Act (FMLA). Professionals in California have enhanced protections under the California Family Rights Act (CFRA). People dealing with medical challenges, supporting family members with medical emergencies or welcoming new children to their families might be eligible for unpaid leave under the CFRA. Do workers have to worry about losing their jobs if they request unpaid leave? The law protects workers from retaliation. Allowing workers to request unpaid leave would not be a valuable protection if companies could fire workers when they return to their positions. Both the FMLA and CFRA explicitly protect the right of workers to take leave and then return to their jobs without penalty. Companies with five or more employees in California are subject to the provisions of the CFRA and should allow workers to take leave and return without consequence. Terminations and demotions are both examples of unfair retaliation after a worker makes use of their basic employment rights. Professionals dealing with retaliation may need help asserting themselves. Reviewing what may have constituted a violation of employment laws with a skilled legal team can help workers assert themselves and hold their employers accountable. People who qualify for leave under the CFRA shouldn’t have to worry about losing their jobs after taking unpaid leave. The post Can employers fire workers for requesting unpaid leave? first appeared on JCL Law Firm, APC.

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