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Out of Office: Paid and Unpaid Leaves of Absence

by Cady Sartorius

employment discrimination lawyers in San Francisco

California law is particularly generous when it comes to employees taking leave. There are several, distinct types of leave that employees in need can use.[1]

Everyone should be aware, however, that taking leave is one thing, but paid leave is another. Many types of leave are unpaid. Lots of employees also need to use their sick, vacation, or PTO if they want to see any money coming in while away from work. But there are other sources that you might be able to use, depending on the type and length of your leave. For example, short- or long-term disability insurance, Workers’ Compensation insurance, State Disability Insurance (SDI), or Paid Family Leave (PFL).

Some types of leave and funding sources can be used together or one right after the other to ensure that you get the leave and financial support that you need. And it can get complicated, fast! Some types of leave do not provide job protection. Some pay sources only pay partial wage replacement. Some cannot be used until you have already worked at your company for a certain length of time. It is important to read your employer’s Leave of Absence policies carefully, and, if in doubt, speak with a Human Resources officer at your company to make sure you understand what your options are and what to expect if you take leave.

If your employer takes adverse action against you (transfer, demotion, termination, etc.) because you took a leave of absence, consider contacting an attorney like those at the California Civil Rights Law Group. We’re known as some of the best employment attorneys here in the San Francisco Bay Area, from San Francisco to Oakland, Palo Alto to Santa Clara, and everywhere in between.


For more information on Pregnancy Leave, click here.

For more information on Sick Leave, click here.

[1] Americans with Disability Act (ADA) leave; Fair Employment & Housing Act (FEHA) leave; Pregnancy Disability Leave (PDL); State Disability Leave (California SDI); Paid Family Leave (this is actually a pay source, not a type of leave); Family Medical Leave Act (FMLA) leave; California Family Rights Act (CFRA) leave; Domestic Violence, Stalking, and Sexual Assault leave; Jury Duty/Witness Duty leave; Voting leave; Rehabilitation leave; Child’s School Participation or Suspension leave; Emergency Duty leave; Literacy Program leave; Organ/Bone Marrow Donor leave; Military Leave; Paid Sick Leave and other temporary “leaves”; and even personal leave under your employer’s policies.


The information in this blog is provided for general informational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with an attorney like those at the California Civil Rights Law Group.

If you think you experienced sexual harassment, race-based discrimination, retaliation, or other illegal treatment in your work place, reach out to one of our San Francisco Bay Area attorneys with expertise in these issues. No two situations are alike, but with offices in Oakland, San Francisco, and San Anselmo, our employment discrimination attorneys make it easy to have a confidential consultation on any potential civil rights violations that you may be facing.

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2018-03-23T02:50:07+00:00