Paid leave is one of the most valuable employment benefits. However, paid leave benefits are not mandatory. Many professionals, including those who work full-time and have held their jobs for years, do not have paid leave.
Even if they do, their paid leave may only amount to enough time away from the job to attend to minor personal needs as they arise. People facing major family changes or medical issues might need more leave than they can secure with paid leave benefits alone. Occasionally, workers might request unpaid leave.
When do professionals have the right to do so?
When they have qualifying circumstances
The first issue to evaluate is the reason for the leave. Under the Family and Medical Leave Act (FMLA), which is a federal law, and the California Family Rights Act (CFRA), which is a state law expanding on the FMLA, there are three main scenarios in which people can ask for unpaid leave.
Leave is available when professionals need time away from work to undergo medical treatment or recover from an injury. They can also ask for leave after having a child, adopting a child or arranging for foster placement in their homes. Finally, leave is available for those who need to provide direct medical support for immediate family members going through a major challenge.
When the employment arrangement qualifies
There are two main factors that determine eligibility for unpaid leave under the CFRA and FMLA. The first is the size of the business. The second is the length of the worker’s employment arrangement. The CFRA only applies to businesses that have at least five employees, while the FMLA requires 50 or more employees.
Additionally, the worker needs to have maintained their employment with the company for at least a year and put in at least 1,250 hours during that year. If employees qualify, then they should be able to take unpaid leave without losing their jobs or facing other forms of retaliation from their employers. Those dealing with unfair terminations and other violations of their workplace rights may need help determining if they are in a position to take legal action.
Workers should not face punishment for seeking unpaid leave for circumstances protected by law. Discussing a situation leading up to a leave request with a skilled legal team can help employees determine if businesses may have violated their rights.