Many employees are concerned about the effect that taking leave under these programs would have on their employment with their company.
Common questions include:
- Can my employer fire me for taking leave?
- Can my employer reduce my pay for taking leave?
- Can my employer replace me with someone who is willing or able to work?
- Can my employer prevent me from working from home?
Many of the California and Federal laws that provide employees an opportunity to take time off prohibit employers from retaliating or discriminating against employees. When the leave is considered “protective” leave, your employer is prohibited from taking adverse employment actions against you. This includes:
- Suspension
- Demotion
- Discrimination
- Termination
- Reduction in hours
- Reduction in role/responsibility/title
- Reduction in salary
The chart below shows which laws provide “protective” (anti-retaliation and discrimination) leave and which laws are not.
| Law | Anti-Retaliation Protections? |
|---|---|
| Fair Employment & Housing Act | Yes |
| California Family Rights Act | Yes |
| Family and Medical Leave Act | Yes |
| California Paid Sick Leave | Yes |
| California Emergency Child Care | Yes |
| Paid Family Leave | No |
| Unemployment Insurance | No |
