Employer Defense In Leave Of Absence Disputes

One of the most challenging employment situations is that of employee leaves of absence. State and federal laws mandate specific leave parameters for employers meeting certain criteria. However, with limited human and financial resources, many small-business owners are unsure of what they must do to accommodate leave requests.

At the San Diego Law Offices of Marc Mandelblatt, we provide Southern California small-business owners with the tools and knowledge they need to ensure compliance with employment law and to manage risk. To speak directly to attorney Marc Mandelblatt, call 866-346-4297 for a free telephone consultation.

Leave Of Absence Misconceptions

Misconceptions about leave rights are numerous, both on the side of management and on the side of employees. Many employees believe they have the right to take a leave of absence in situations involving:

  • Disability
  • Bereavement
  • Pregnancy/maternity
  • Religious beliefs

Though legislation is in place for protected classes and others, often small businesses — especially those employing fewer than 20 people — do not meet the parameters and are excluded from the requirements. However, that may not hinder a disgruntled employee from pursuing legal action to gain what he or she believes is due.

Terminating workers who are on leave for work-related injury or disability also poses challenges. Often, employers have questions surrounding how long a job must be kept open for an injured worker or what kind of accommodations must be provided. Further, if termination of the employee was a possibility before an injury was claimed, an employer may wonder how to move forward with releasing a worker without violating employment and civil rights.

In these situations, we provide knowledgeable counsel and effective legal defense services to employers in San Diego and beyond.

Protecting Employer Rights

Attorney Marc Mandelblatt answers compliance questions and concerns of employers in various industries, including medical and dental offices, restaurants and food service outlets, and other employers. He will counsel employers through leave of absence and termination issues. Further, he provides strong representation and employer rights protection in negotiation, mediation and litigation.

To speak to an experienced lawyer who understands employment law and can provide tailored legal counsel, send us a message or call 619-573-4485.