The Family Medical Leave Act is designed to allow employees extended periods of leave while they take care of ailing family, give birth or face a myriad of other family and health situations. The act allows workers to return to their positions after an extended leave and protects them from losing their jobs. Employers are required by law to keep the job for them under FMLA and cannot terminate employees or give their job away while they are gone.
If you are a disabled California worker, you know that the Americans with Disabilities Act forbids your employer or a potential employer from discriminating against you on the basis of your disability. It also requires any employer with 15 or more employees to provide you with reasonable accommodations. But what actually constitutes a reasonable accommodation?
No one ever plans for health or family issues to arise, yet they do, and oftentimes they will require your full and undivided attention. That may leave little for you to expend in fulfilling the duties of your employment. The hope is that when such issues do present themselves, your employer will be understanding and not only afford you the time off needed to attend to them, but also welcome you back when said issues have been dealt with. Many come to us here at The Law Office of Jeffrey D. Fulton concerned that such understanding will not be extended to them. If you share the same worry, you will be happy to learn that your employer does not have the choice: it is required by federal law.
In 2018, a member of the California Assembly sponsored Assembly Bill 1761. The bill would protect hotel workers from all forms of sexual harassment and assault.