Avila & Shaddow Attorneys at Law
Call For A Free Consultation
818-676-9658 / 866-450-4LAW
Se Habla Español
Menu Contact
Aggressive Protection of Your Rights Under The Law

Leave requirements for ADA and FMLA

California workers who are preparing to welcome a new child into the world or into their home may also be requesting an extended leave of absence from their employers under the Family and Medical Leave Act, which establishes guidelines that ensure that workers with qualified medical or family situations can take time away from work without worrying about negative repercussions. Similarly, the Americans with Disabilities Act provides reasonable accommodations that could include protected leave if the need arises. However, both employers and employees may have questions about the requirements of the law.

FMLA allows a maximum of 12 weeks of leave during a one-year period. This leave is unpaid, but an employee caring for next of kin or a family member who has suffered a major injury during active duty could obtain up to 26 weeks of leave. Caring for covered veterans in connection with FMLA also provides for up to 26 weeks' leave. FMLA leave can be counted based on a fiscal or calendar year. However, an employer might also use a running total that counts ahead or back between periods of leave.

ADA leave is not quite as clearly defined. There is not a defined maximum amount of leave, and the determination of reasonable accommodation related to leave may vary from one employee to another. There may be situations in which an employee seeks an opportunity for job-protected leave because they are unable to perform their current job. In such cases, an employer might look at other possible ways to provide an accommodation that would allow an employee to continue working.

An employee who is dealing with leave-related discrimination might try to explain their concerns to a human resources department. If the matter continues to be treated adversely, enlisting legal help might be important for addressing the company's error in applying FMLA rules.

No Comments

Leave a comment
Comment Information

Contact Avila & Shaddow

We offer an initial consultation at no charge. Please call our office at 818-676-9658 or 866-450-4LAW. You may also contact our attorneys via email using the form below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Avila & Shaddow Attorneys at Law

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions

  • LACBA Los Angels Country Bar Association
  • Rated By Super Lawyers Mark S. Avila
  • California Employment Lawyers Association
  • Avvo Ratings Excellent Top Attorney Employment Law
  • Consumer Attorneys Association Of Los Angels Sustaining Member
  • AV Preeminent Peer Rated for Highest Level of Professional Excellence