It’s a very challenging employment situation when employees take a leave of absence.
Although state and federal laws authorize specific leave guidelines for employers, there’s
limited human and financial resources to meet certain criteria. Many small business owners
aren’t sure how to accommodate leave requests.
At the San Diego CE Smith Law Firm, we provide San Diego and Southern California small
business owners with the resources and expertise they need to establish compliance with
employment law and fully manage risk. To speak directly to attorney Clifton E. Smith, call (888)
780-4541 for a telephone consultation.
Misunderstandings about leave of absence rights are plentiful, from the side of management to
the side of employees. Oftentimes, employees believe they need to have approval to take a
leave of absence in the following situations:
• Disability leave
• Pregnancy/maternity leave
• Religious beliefs/events
Although there’s legislation for protected classes and more, many small businesses –
especially ones that employ under 20 people – don’t meet the standards and are excluded
from the requirements. Despite this, small businesses can’t deter an unhappy employee from
taking legal action to gain what he or she thinks is due.
When employees are terminated while on leave for work-related injuries or disability, this can
present a challenge. Typically, employers have questions related to how long a job can be kept
open for an injured employee, as well as what type of accommodations can be offered. In
addition, if the termination of an employee was an option before the injury was claimed, then
an employer may wonder if the termination may proceed without violating state and federal
leave laws, as well state and federal laws prohibiting disability discrimination, including failure
to accommodate a disability, failure to engage in the interactive process and retaliatory
discharge, among others.
In these types of situations, the CE Smith Law Firm can provide knowledge, professional
counsel, and legal defense services to employers in the San Diego and Southern
We Protect Employer Rights
Attorney Clifton E. Smith in San Diego answers all compliance questions and concerns from
employers in a variety of fields, such as manufacturing-all industries, logistics – transportation,
waste management, professional industries such as the medical-dental fields, food services,
and employers in other industries. He has the experience and knowledge to guide employers
through leave of absence or termination problems. Additionally, Clifton E. Smith will offer
exceptional representation and strong employer rights protection, during negotiation,
mediation, litigation and expeditious resolution of these claims.