# Military leave job termination lawyers, not reinstated

> Wrongfully terminated or denied reinstatement after military leave, Civil Air Patrol, or National Guard service? Our California lawyers can help.

Source: https://riversideemploymentlawyer.com/military-leave-lawyer/
Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Riverside County, California.
Phone: (951) 367-1000 (calling is the fastest way to reach the legal team)
Office: 9496 Magnolia Ave, #208, Riverside, CA 92503
Contact form: https://riversideemploymentlawyer.com/contact/
Consultations are free and confidential; cases are taken on contingency.

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The Civil Air Patrol Employment Protection Act was enacted in 2009. It can be found atCalifornia Labor Code Sections 1503-1507. It requires employers to provide up to 10 unpaid days off per year if an employee is responding to an emergency operational mission of the California Wing of the Civil Air Patrol. If the employer wishes, they can make this a paid leave.

Civil Air Patrol leave for a single emergency operational mission shall not exceed threedays, unless an extension of time is granted by the governmental entity that authorized the emergency operational mission, and the extension of the leave is approved by the employer. An employer is not required to grant Civil Air Patrol leave to an employee whois required to respond to either the same or other simultaneous emergency operational missions as a first responder or disaster service worker for a local, state, or federal agency.

An employee shall give the employer as much notice as possible of the intended datesupon which the Civil Air Patrol leave will begin and end. An employer may require certification from the proper Civil Air Patrol authority to verify the eligibility of the employee for the leave requested or taken. The employer may deny the leave to be taken as Civil Air Patrol leave if the employee fails to provide the required certification. An employee taking Civil Patrol leave shall not be required to exhaust all accrued vacation leave, personal leave, compensatory leave, sick leave, disability leave, and any other leave that may be available to the employee in order to take Civil Air Patrol leave.

If a Civil Patrol leave is granted, the employee is entitled to reinstatement at their position. The same seniority should be given. Benefits are supposed to continue to accrue during these leaves. The need for an employment lawyer exists if the employee is not reinstated, or is given an inferior job upon return from this protected leave. Speak to a California Labor Lawyer at (951) 367-1000 if you were fired due to Civil Air Patrol duty, or any military obligation.

## MILITARY LEAVE AND PRIVATE EMPLOYMENT

Employees who are in the military are entitled to military leave. This includes employees in the reserves, national guard, FEMA reservists, and employees who are required to undergo military training exercises, but are not deployed. Employees who are not reinstated, or terminated due to a military obligation should consult an employment lawyer.

### FMLA LEAVE TO CARE TO SICK OR INJURED MILITARY FAMILY MEMBER

For employees who have:

1. Worked at an employer that employees 5 or more employees
2. Wrked 1,250 or more hours in the last year, [FMLA](https://riversideemploymentlawyer.com/riverside-leave-absence-lawyer-attorney/) coverage can be used to care for a family member suffering from military injuries, or yourself if you are suffering from military injuries. FMLA leave is up to12 weeks in a 12-week period. Exactly which family members are covered by California’s version of FMLA, the California Family Rights Act (CFRA), is something best spoken to with a FMLA lawyer.

The CFRA/FMLA covers an employee who is suffering psychological and physical injuries due to military service. If the leave is taken to care for a family member, the general rules relating to CFRA/FMLA leaves apply. The employee has to be actually taking care of the family member. Merely sitting in a room for moral support may not be a covered event under CFRA/FMLA unless a doctor or therapist has specifically ordered that form of treatment.

Military injuries may also involve disability rights which entitle employees to be out of work for longer than the CFRA/FMLA. Leave of absence rights are complex and factually based, including whether doctor’s notes were provided to the employer and how many times the affected individual went to a doctor. For these reasons, you need to contact an experienced FMLA lawyer at (951) 367-1000 to determine if you have a case. This article is only intended to inform employees there are rights they may have. It is for a lawyer to determine if an employee is actually entitled to a FMLA or military leave.Contact (951) 367-1000.

## Our Firm: No Upfront Fees or Costs

### Contingency Fee Representation

All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee.

### Serving Riverside County

We have proudly served all of Riverside County since 1993.

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The Employment Lawyers Group has successfully handled

2,000+

Separate California Employment Cases

## Media Engagements

## Sample Case Results

breach of commission contract $1,150,000  Unpaid commissions of two plaintiffs unpaid wages $875,000  For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000  Controlled stand by class action settlement

Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.

## Practice Areas

[Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://riversideemploymentlawyer.com/race-discrimination-lawyer/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://riversideemploymentlawyer.com/riverside-unpaid-wages-lawyer/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://riversideemploymentlawyer.com/palm-dessert-sexual-harassment-lawyer/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://riversideemploymentlawyer.com/riverside-wrongful-termination-lawyer/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://riversideemploymentlawyer.com/riverside-leave-absence-lawyer-attorney/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://riversideemploymentlawyer.com/riverside-whistleblower-attorney/)

## Our California Locations

### Bakersfield

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### Los Angeles

[EmployeeLawCA.com](https://employeelawca.com/)

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Tustin CA 92780

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### Riverside

[RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com)

9496 Magnolia Ave, #208,
Riverside CA 92503

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### Sacramento

[SacramentoLaborAttorney.com](https://sacramentolaborattorney.com)

777 Campus Commons Rd, #200,
Sacramento CA 95825

[(916) 340-0000](tel:9163400000)

### San Bernardino

[EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com)

337 N. Vineyard Ave, #400,
Ontario CA 91764

[(909) 663-2100](tel:9096632100)

### San Diego

[SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com)

330 "A" St, #60,
San Diego CA 92101

[(619) 320-3000](tel:6193203000)

### San Francisco / Bay Area

[BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net)

524 Union St, #400,
San Francisco CA 94133

[(877) 525-0700](tel:8775250700)

### San Jose / Silicon Valley

[SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com)

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San Jose CA 95113

[(877) 525-0700](tel:8775250700)

### Sherman Oaks

[WorkLawyerCA.com](https://worklawyerca.com)

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Sherman Oaks CA 91423

[(818) 783-7300](tel:8187837300)

### Torrance / South Bay

[JobTerminationLaw.com](https://jobterminationlaw.com/)

3655 Torrance Blvd, 3rd Floor,
Torrance CA 90503

[(310) 842-8600](tel:3108428600)

### Ventura / Oxnard

[VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com)

4030 West Hemlock St,
Oxnard CA 93035

[(805) 200-0100](tel:8052000100)

### Additional Sites

[BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org)

## About Firm Founder, Karl Gerber

Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California.

Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.

The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**.

[Meet Karl Gerber](https://riversideemploymentlawyer.com/karl-gerber/)

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