The California Fair Employment and Housing Act (FEHA) protects employees from discrimination, retaliation, and harassment on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, martial status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
April 3, 2019
Is your boss not reacting well to your need for time off
Workers here in California enjoy some of the best employment law protections in the country. Even so, that does not stop some employers from acting as though the law does not apply to them. If your boss is not reacting well to your need for time off due to the birth of a child, an illness or injury, or military leave, you may have legal recourse.
If you qualify for extended leave under the Family and Medical Leave Act, the California Family Rights Act or the Uniformed Services Employment and Reemployment Rights Act, your employer does not have the right to deny it. Your employer cannot terminate you, demote you or reduce your pay because you request time off in accordance with one of the above laws. Your boss may attempt to retaliate against you in more subtle ways such as eliminating some of your job duties, which could be evidence of retaliation as well.
You may also qualify for time off if you need pregnancy disability leave. Pregnant women continue to encounter discrimination from employers due to their “condition.” Some employers feel as though a woman chose to get pregnant, but another worker did not choose to suffer a serious injury at work, so the two should not be treated equally. Fortunately, the law views it differently.
The bottom line is that your need for time off due to a qualifying event under one or more federal and state laws should be honored by your employer. If that does not happen, take the time to look into your legal rights and options. The situation may not be as dire as you at first believe.
How many times have you wondered if you’re getting paid your fair share? Do you think you’re underpaid because of your race, sex, gender, disability, or even your prior salary history?
If you cannot work because you’re injured/sick or you need to care for a qualifying family member, eligible employees (those who worked more than 1,250 hours in the year prior for an employer with 5 or more employees) are eligible for up to 12 weeks of Family and Medical Leave (FMLA) and/or California Family Rights Act protected Leave (CFRA).