emergency leave Archives - UELG https://www.california-labor-law-attorney.com/tag/emergency-leave/ California Labor Law Attorney Tue, 25 Feb 2020 09:42:05 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg emergency leave Archives - UELG https://www.california-labor-law-attorney.com/tag/emergency-leave/ 32 32 Emergency Leave Laws https://www.california-labor-law-attorney.com/emergency-leave-laws/ Mon, 02 Apr 2018 07:05:55 +0000 https://www.californialaborlaw.info/?p=1082 The Federal family and medical leave act stipulates the way you can access emergency leave. You can take the leave […]

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Person in wheelchair

The Federal family and medical leave act stipulates the way you can access emergency leave. You can take the leave due to family health reasons or when you are in a health condition which requires urgent medical attention. If you are welcoming a new baby, you are also eligible to take the emergency leave and bond with your baby.

Federal FMLA Rights

You can take up to 12 weeks of emergency leave so that you can attend to the health complications. Other reasons why you can opt to take the leave include bonding with your new

baby. The law also allows you to take the leave so that you can attend to a spouse who is returning from a military deployment. The spouse may be returning home or he has been injured hence you need to be close to him.

Who Is Covered?

If the company has more than 50 employees, then he should provide the leave to employees when necessary. The employee should as well work in the company for the last 20 weeks for him to be eligible for the leave.

Some of the qualifications for the leave include the following:

  • The employee should have work for the company for at least a year
  • For the previous year, the employee should have worked for more than 1,250 hours in the company
  • The employee should be more than 50 in the company and they should live in a radius of less than 75 miles

Reasons for Leave

The FMLA leave is available to employees for them to achieve the following:

  • It allows them bond with a new child
  • If you had suffered from health complication, it allows you to recuperate from the health condition
  • To care for a family with serious health complication
  • It allows you to handle a qualifying urgency due to a family member who serves in the military
  • It allows employees care for a family member who has been injured when serving in the military

Leave and Reinstatement Rights

After the emergency leave ends, the employer is required by law to reinstate you to the same position where you served before going for the leave. The same position should have the same duties, salaries and the benefits you used to enjoy before you went for the leave.


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What You Need to Know About Emergency Leave https://www.california-labor-law-attorney.com/need-know-emergency-leave%e2%80%a8/ Mon, 12 Feb 2018 09:46:54 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1527 Each and every employee is entitled to emergency leave in his/her tenure for  a number of reasons. It’s the role […]

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Father tending to baby in a crib

Each and every employee is entitled to emergency leave in his/her tenure for  a number of reasons. It’s the role of the employer via the Human Resource manager to offer leave to the employees. The leave could range from that of sickness, pregnancy and baby bonding among many more. There exist State and Federal laws whose main role is to ensure that matters that have to do with leave are observed in the right way. There is Family and Medical Leave Act which promotes the rights of the employees. For example, you may be given an emergency leave if you fall ill or one of your family members does. The employers must be held liable if they deny you such leave.

What the State and Federal Law Protects

If there were no laws that safeguard the rights of the employees, there is no doubt that they will all be working in a harsh environment. The employers will do whatever they want with no fear because as an employee, you will have nothing to do. One of the common mistakes that this law protects is to make sure that you are offered an emergency leave anytime there is a need. For example, the employer isn’t supposed to force you to work when you are not feeling well. In fact, you will be unproductive if he does so.

What the Family and Medical Leave Act Calls For

The FMLA law requires the employers to provide their staff who are registered with time off due to some reasons such as illness of the person or kin. During pregnancy, emergency leave must also be awarded to the person or her partner.

How Long Does the Leave Take?

In general, it will be wise to state that this leave can take as long as 12 weeks per year depending on the cause. It can be applied to the following cases:

  • Employee’s Sickness
  • Bonding with a child (It could be yours or adopted)
  • To look after a family member who is seriously ill
  • An urgent need for a person who has a family member who worked in the military. (If one of your family members once worked in the military, when there is an emergency need to look after him/her, the leave could be as long as up to 26 months)

What You Shouldn’t Forget About Emergency Leave

During your emergency leave, you should know that your health insurance still covers you. Once you are done with your FMLA leave, you should get back to your original position without demotion.


Photo Credit: Shutterstock/Olesia Bilkei

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