When you’re dealing with a serious health issue, the last thing you should have to worry about is losing your job. California law protects your right to take medical leave and punishes employers who interfere with or retaliate against employees for using that right.
Attorney Michael Velarde stands with workers who are denied their legal right to take medical leave. If your employer denied your leave, failed to reinstate you, or retaliated against you in any way, you may have a legal claim.
”“Working with Michael was my second experience working with a civil litigation attorney. This experience was by far the best. As a person with a disability it is difficult for me to make decisions, but the way that Michael explained things made it easy to. I am very thankful that I found my Attorney Michael because he is very knowledgeable in Employment law and is great at explaining it to me. When working with Michael I knew he really cared about getting justice for the situation I went through, and he did.”
- Elias R.
”“I retained Mr. Velarde for a Wrongful Termination case. I found him to be reliable and trustworthy. He was compassionate when I was frustrated. He explained things when I was confused. He tolerated my bad jokes. Mr. Velarde took a great deal of time with me making sure I felt confident and reassured in my case. He was also very honest no matter what the news was. In the end, he won my case! Great attorney and human.”
- Erin F.
”“I hired Michael for a civil case and was blown away with the level of professionalism and service he displayed. He helped me secure a six figure settlement and was very attentive throughout the process. He has a good heart and truly cares.”
- Angel F.
In over a decade of experience defending the rights of California employees, Mr. Velarde has seen clients dealing with chronic illnesses, acute injuries, mental disabilities, and the need to care for a loved one. He understands how difficult these challenges can be, and why it’s so important that employers respect their employees’ rights to take medical leave.
Mr. Velarde represents employees throughout California who have experienced discrimination, retaliation, or wrongful termination for taking or requesting protected medical leave. Here are some of the cases that he can handle:
When your employer tries to evade their legal responsibility, you have the opportunity to stand up for your rights under the law. That’s where having an experienced employment law attorney comes in.
Medical leave is a critical protection for workers who need time away from their jobs due to serious health conditions — whether it’s their own or that of a family member.
California and federal law recognize this need and provide employees with the legal right to take time off without fear of losing their job or benefits.
Employees can be eligible to take medical leave for the following reasons:
During a qualifying medical leave, your employer is required to maintain your group health insurance coverage just as if you were still actively working. When your leave ends, you are generally entitled to return to your previous position or a comparable one — meaning a role with equivalent pay, benefits, and working conditions.
Unfortunately, not all employers follow the law. Some may try to interfere with your right to take leave by denying your request, pressuring you to cut your leave short, or falsely claiming you’re ineligible. Others may retaliate after you return by demoting you or terminating your employment altogether.
Working with attorney Michael Velarde, you can hold your employer accountable for this kind of abuse.
To be eligible for California Family Rights Act (CFRA) leave, an employee must have worked for their employer for more than 12 months and have worked at least 1,250 hours in the 12 months preceding the leave. Additionally, the employer must have at least five employees. CFRA leave provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons (which include illnesses, injuries, or conditions that require inpatient care or continuing treatment).
Even employees that do not qualify for CFRA leave may be eligible to have leave from work as a disability accommodation. Most employees are entitled under the Fair Employment and Housing Act (FEHA) to disability accommodations, even when they have not worked at least 1,250 hours in the 12 months preceding the leave. In some instances, a leave of absence may be a reasonable accommodation of a disability for an employee. This has to be analyzed on a case by case basis.
A disability under the FEHA is defined as a physical or mental impairment that limits a major life activity. That activity can even be the work requirements themselves. The definition of disability can be broader than the conditions that qualify for CFRA protection.
No one should lose their job or be treated unfairly for needing time to heal or care for family. Mr. Velarde understands the stress and uncertainty that comes with being forced to choose between your health and your livelihood — and he is here to help you fight back.
Mr. Velarde works to hold employers accountable, no matter how big or well-resourced they may be. Whether your rights were violated by a regional business or a major corporation, he will stand up and fight for you.
Here’s how Mr. Velarde approaches discrimination and retaliation cases:
If your employer has mistreated you because you needed medical leave, you’re not alone — and you don’t have to stay silent.
California law considers the term “serious health condition” to include illnesses, injuries, or conditions that require inpatient care or continuing treatment — such as surgery, cancer treatment, chronic conditions, and mental health crises.
No. You are only required to provide enough information for your employer to determine whether the leave is covered by law.
If you meet the legal requirements and your employer refuses to grant leave, they may be in violation of a number of California and federal laws mandating medical leave for employees. Contact an experienced employment rights lawyer to find out if you have a case.
Yes. You can often take leave in smaller chunks (a few hours or days at a time) if it’s medically necessary. Talk to a lawyer to learn more about your options.
If you have a legal case against your employer, you may be entitled to back pay, front pay, emotional distress damages, and even punitive damages.
If you’ve faced consequences for taking protected medical leave at your workplace, attorney Michael Velarde is ready to stand by your side. He will help you understand your rights, take action, and move forward with confidence. Contact him today to schedule a consultation.
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