So you took a leave and failed to come back on time. Are there any legal consequences? Well, it depends on the following things:
- The conditions of your leave
- The reasons behind it
- For how long were you absent
- Why did you fail to return on time
- Your relationship with your employer
Most of the time, an employer will ask you to name the reason for you being late to return to work. If they don’t like the reason, or if it is not good enough, you may end up losing your job.
What is a Leave of Absence?
Normally, there are two types of leave from work:
- Mandatory leave
- Voluntary leave
Depending on the type of leave you take, there could be different consequences if you fail to return on time.
This is the type of leave that every employer has to grant. State laws govern a mandatory leave, and if you are terminated as a result of a mandatory leave, you should know that you have been wrongfully terminated. In that case, your next move is calling one of our Wrongful Termination Attorneys in Los Angeles at Rager Law Firm. After an initial free consultation, you will gain enough knowledge to know what to do next, but if you choose to hire one of our attorneys, a team of skilled individuals at Rager Law Firm will immediately start working on your wrongful termination claim.
Mandatory leave involves:
- Jury duty
- Medical absence
- Military leave
- State-mandated leave
If there is an option, an employee will grant you this leave unless you are the only current employee working in a particular position, which is key for the company’s production growth. In that case, an employer may have to keep you an additional day until a proper replacement is found.
Once you take a mandatory leave, your employer has to grant you job protection.
This type of leave is not required by law. When an employee takes a voluntary leave, he or she may take full responsibility for all consequences, including being late upon return to work.
Most companies may offer a medical leave or a personal leave, but that does not mean that you can abuse it and be late to return to work. If you do it, you better have a good reason and evidence to back up your statement.
In case you do end up extending your voluntary leave over the agreed date, your employer may choose to not pay for your wages on those days, or even penalize you for abusing the company’s leave policy.
However, if you end up losing your job, it may fall under the category of wrongful termination. Call one of our Los Angeles Wrongful Termination Attorneys immediately at Rager Law Firm and let them be the judge of your situation. They will investigate your leave, your communication with your employer and the reasons behind your absence. Additionally, if your employer decides to terminate you without a notice or before even trying to get in touch with you and see why you didn’t show up on work on the date agreed, you may have a clear case in hand.
Dot hesitate to reach out to one of our attorneys if things don’t work out for you on your return to work.