The Family and Medical Leave Act (FMLA) & The California Family Rights Act (CFRA)
A summary of the rights and responsibilities California employees and employers have under FMLA and CFRA.
For California EmployeesFMLA is a federal law and CFRA is its State of California equivalent. Both laws only apply if all of the following requirements are met: 1. The California employer must have at least 50 employees who work within 75 miles of a particular worksite on the date the employee gives notice of the leave to the employer. 2. The California employee must have been employed by the employer for at least 12 months as of the date the leave is started. 3. The employee must have worked at least 1,250 hours in the 12 month period prior to beginning leave under either FMLA or CFRA. If both you and your California employer meet the foregoing requirements, you are entitled to up to 12 weeks of paid or unpaid job-protected leave every year. The employer must also continue to pay your health, dental, and vision benefits. However, you are only eligible for leave under CFRA or FMLA for the following reasons: 1. Birth of a child, adoption of a child, or foster care placement of a child. 2. To care for an immediate family member (spouse, child or parent) with a serious health condition. 3. When the employee is unable to work because of a serious health condition. Determining whether you employer has violated FMLA or CFRA and whether you have a valid claim for retaliation or wrongful termination requires an intense review of all of the facts surrounding the leave and subsequent termination. if you believe your rights have been violated, consult with a California employment attorney
For California EmployersYou must accommodate your employee with a leave under FMLA/CFRA if the above requirements are met. Failure to do so allows the employee to recover lost wages, attorney's fees, and costs. If you have questions as to how to determine whether an employee is eligible for leave, consult with a Los Angeles employment lawyer. Many California employers carelessly--and possibly unknowingly--commit violations of CFRA and FMLA by engaging in the following: 1. Firing an employee after the employee takes leave because of a serious health condition and is not able to return to work when the employer wants them to return. 2. The Employer adversely changes the employee's role after the return to work following medical leave. 3. Terminating an employee when the employee returns to work following leave to take care of a family member who is suffering from a serious health condition. 4. Termination when an employee complains that the employer is in violation of FMLA rights.