Can I Take Medical Leave from Work After an Accident?
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Can I Take Medical Leave from Work for Injuries Suffered in a Car Accident?

Posted on behalf of Arnold Law Firm on January 25, 2021 in Auto Accident. Updated on February 24, 2022

medical leaveThe Family and Medical Leave Act of 1993 (FMLA) legally requires employers to allow eligible employees to take up to 12 weeks of unpaid leave due to the birth of a child, an illness or injury, or to care for an ill or injured loved one.

According to the Center for American Progress, 73 percent of the 20 million people who take medical leave from work do so to take care of their own injury or illness or that of a loved one.

If you suffered an injury due to an accident caused by the negligence of another and had to take medical leave, our car accident attorneys in Sacramento may be able to help you recover compensation for your lost wages.

Am I Eligible for Medical Leave for my Accident Injuries?

Under federal laws, employees who have worked 1,250 hours in the past 12 months before applying for benefits for a company that has at least 50 employees are eligible for medical leave.

California offers its workers additional coverage when it comes to medical leave under a statute called the California Family Rights Act (CFRA). Under the CFRA, eligible employees can take 20 or more calendar workweeks of unpaid medical leave to deal with an injury, illness, caring for a loved one or for the birth of a child.

The CFRA also applies to private employers that have employed at least five workers within the U.S. and its territories. All public employees are eligible and private elementary and secondary school employees are also eligible.

Do I Get Paid During Medical Leave in California?

Generally, any medical leave that is not covered by accrued Paid Time Off (PTO) from an employer is unpaid. This includes any leave taken under the FMLA or the CFRA.

The intent of these laws is to ensure employers do not eliminate your job or hire someone to replace you while you are on medical leave or terminate your benefits. If you are eligible for either state or federal medical leave, your employer is legally bound to give you your job back once you can work again.

Benefits of Taking Medical Leave

The main benefit of taking any medical leave is having the option to take the time needed to recover from an injury, no matter the severity. Although you may not be paid for the time you are not able to work, you may be able to sue for lost wages due to the at-fault driver’s negligence.

Can I Recover Compensation for my Lost Wages?

If your injuries are severe enough that you are not able to work and must take medical leave from your job, you may be able to recover monetary compensation for your lost wages.

Lost wages are often included in injury settlements or verdicts. Our attorneys have experience recovering lost earnings for people who were forced to miss work to treat their injuries. We have successfully recovered millions in judgments and settlements.

Call us today at (916) 777-7777 for a free case review. We do not charge any upfront fees and only get paid if we recover compensation on your behalf.