Paso Robles, CA asked in Employment Law for California

Q: Can California salaried employees be asked to come to work while on bonding leave?

Also, can employees who are salaried be retaliated against for exercising their FMLA rights while on bonding leave? Is there a written law/code to reference any answers and gather more information?

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1 Lawyer Answer

A: Both the California Family Rights Act and Federal Family Medical Leave Act prohibit retaliation against employees who take medical leave - provided they qualify for protected leave by working at least 1 year, working at least 1250 hours in the prior year and the employer has at least 50 employees with 75 miles. There is no distinction between hourly and salaried employees.

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