Understanding Employee Rights Under the California Family Rights Act
If you're a California employee facing the need for medical leave or family care, the California Family Rights Act (CFRA) can provide important protections. Whether you're dealing with a personal health issue or need to take time off to care for a family member, the law assures that your job and benefits are protected under certain circumstances.
Our experienced employment lawyer at the Law Offices of Charles P. Boylston in Temecula, California, is here to shed light on the key aspects of the CFRA and how it impacts workers across the state.
What Is the California Family Rights Act?
The California Family Rights Act (CFRA) provides eligible employees with the right to take job-protected leave for specified family and medical reasons. The law is designed to support employees facing personal health issues, pregnancy, adoption, or caring for family members with serious health conditions.
Under the CFRA, employees are entitled to take up to 12 weeks of unpaid leave per year without losing their job or benefits, and they can return to their same position once the leave period ends.
It’s important to note that the CFRA is similar to the federal Family and Medical Leave Act (FMLA), but there are notable differences that may be more beneficial to California workers.
Eligibility for CFRA Leave
Not all employees are automatically entitled to take leave under the CFRA. To qualify for leave under the act, employees must meet certain eligibility requirements:
Work for a covered employer: Your employer must have 5 or more employees working within the state.
Have worked for at least 12 months: This doesn’t need to be consecutive, but you must have worked at least 1,250 hours in the last 12 months.
Work at a location with 50 or more employees within a 75-mile radius: This assures that employees in smaller offices with limited staff aren’t excluded from the protections offered by CFRA.
If you're uncertain whether your employer qualifies, or if you meet the eligibility requirements, speaking with an employment lawyer like Charles P. Boylston could help clarify your rights and options.
Reasons You Can Take CFRA Leave
The CFRA covers a variety of family and medical situations that might require time away from work. Some of the key reasons employees may take leave include:
Serious health condition: This includes your own health issues that require extended treatment or hospitalization.
Caring for a family member: CFRA leave can be used to care for a spouse, child, parent, or domestic partner with a serious health condition.
Pregnancy-related conditions: Female employees can take leave for conditions related to pregnancy, childbirth, and recovery.
Bonding with a new child: CFRA also allows for bonding leave after the birth, adoption, or foster care placement of a child.
Length of CFRA Leave
Under the California Family Rights Act, eligible employees can take up to 12 weeks of leave within a 12-month period for qualifying reasons. This leave can be taken all at once or in intermittent periods, depending on the employee’s circumstances.
Employees who need leave for a serious health condition or to care for a family member may request intermittent leave or even work on a reduced schedule.
Key Differences Between CFRA and FMLA
Although the CFRA and the Family and Medical Leave Act (FMLA) share similar provisions, there are distinct differences between the two:
Coverage: The CFRA covers employers with 5 or more employees, whereas the FMLA applies only to employers with 50 or more employees within a 75-mile radius.
Family definition: The CFRA definition of "family member" includes domestic partners and children of any age, while the FMLA is more restrictive in terms of family member eligibility.
Pregnancy leave: The CFRA provides more expansive protections for pregnancy, childbirth, and recovery, covering conditions beyond what FMLA offers.
If you’re unsure whether you qualify for leave under CFRA or FMLA, an employment lawyer can help you understand which laws apply to your situation.
Job Protection During CFRA Leave
One of the most crucial provisions of the CFRA is job protection. While on leave, employees are entitled to return to their previous position, or a comparable role, once they’ve completed their leave period. This protection means that you don’t have to worry about losing your job while attending to a serious medical issue or caring for a loved one.
However, certain circumstances may affect your job protection, including:
Layoffs or reductions in force: If your employer faces economic hardship and has to make layoffs, your position may be eliminated even while on leave.
Failing to meet eligibility requirements: If you don’t meet the qualifications set by the CFRA, such as the number of work hours or length of employment, you might not have job protection.
Misuse of leave: If an employer determines that you’ve abused or misused your CFRA leave, they may have grounds to terminate your employment.
While it’s rare for employees to lose their job during CFRA leave, it’s still important to stay informed about your rights to confirm proper protections are in place.
Interaction with Other Leave Laws
The CFRA doesn’t operate in isolation. It may overlap with other state or federal leave laws, such as the California Pregnancy Disability Leave (PDL) and the federal FMLA.
For instance, pregnancy-related disabilities might be covered under the PDL for a certain period of time, and once that leave ends, an employee can transition to CFRA leave for additional bonding time or recovery.
It’s essential to understand how CFRA interacts with other leave laws to make sure that you’re fully utilizing the benefits available to you. Your employment lawyer can help you determine the best course of action based on your individual circumstances.
How to Request CFRA Leave
Requesting CFRA leave typically involves the following steps:
Notify your employer: Give as much notice as possible (typically at least 30 days) when you need to take CFRA leave. In emergency situations, notify your employer as soon as feasible.
Complete the required paperwork: Employers may require you to fill out forms, such as a medical certification, that explains the nature of your health condition or the condition of the family member you need to care for.
Provide sufficient documentation: The employer may request supporting documentation to confirm that the leave qualifies under the CFRA. This may include a doctor’s note or hospital records.
Once your leave request is submitted and approved, your employer must honor the leave and maintain your job protections as required by law. It’s always wise to consult with an employment lawyer to confirm that you follow the proper procedures for taking leave.
Consequences for Violating CFRA
If your employer violates the provisions of the CFRA, such as denying you the leave or firing you for taking leave, they could face serious consequences. Potential penalties include:
Reinstatement of your position: If you were wrongfully terminated, you may be entitled to get your job back.
Back pay and damages: You could receive compensation for lost wages and benefits during the time you were wrongfully terminated or denied leave.
Legal fees: If the employer’s actions were willful or discriminatory, you might be awarded legal fees.
Employers must adhere to the regulations set forth by the CFRA, and if you believe your rights have been violated, reaching out to an employment lawyer can help you explore your options and protect your interests.
Contact Us Today
If you're considering taking leave under the California Family Rights Act, the Law Offices of Charles P. Boylston is here to help. Charles P. Boylston can assist in understanding your rights under the CFRA, guide you through the leave process, and take action if your employer has denied you proper leave or job protection. We proudly serve employees in Temecula, California, and nearby areas. Contact us today for a consultation.