Understanding California’s Family and Medical Leave Laws: Your Rights Under CFRA and FMLA
Employees frequently worry about job security or lost income, but it is important to know that both federal and state laws offer critical protections. If you have concerns about your leave rights, reach out to The Law Offices of John P. Martin for guidance. Our firm provides counsel in various employment matters in California. Whether you need assistance with a leave-related dispute or other workplace issues, our experienced San Diego employment attorney is here to help regarding FMLA.
What Is CFRA?
California Family Rights Act (CFRA) is a state law that provides eligible employees with up to 12 weeks of job-protected leave in a 12-month period for specific reasons. Codified under California Government Code § 12945.2, covers an employee’s own serious health condition or that of a close family member, which includes a child, parent, spouse, domestic partner, grandparent, grandchild, or sibling.
This coverage extends to bonding with a new child, whether by birth, adoption, or foster care placement. Employers in California who have five or more employees are obliged to adhere to these requirements, and they cannot lawfully deny or interfere with CFRA leave if an employee meets the stipulated eligibility criteria.
A key element of CFRA is its protection of an employee’s position. Under most circumstances, workers are entitled to reinstatement to the same or a comparable role upon returning from leave. Additionally, employers must continue group health benefits for eligible individuals during their CFRA leave, ensuring ongoing medical coverage.
The law also has strict rules against any form of retaliation or interference with an employee’s right to take leave. For instance, if a worker is penalized or demoted after requesting CFRA leave, legal remedies may be available. Those facing such issues should seek help from an experienced San Diego employment attorney to evaluate possible violations of state law.
What Is FMLA?
The Federal Family and Medical Leave Act (FMLA), governed by 29 U.S.C. § 2612, allows eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for designated family or medical reasons. This law typically applies to employers with at least 50 employees within a 75-mile radius, covering private entities, public agencies, and public or private schools. Under FMLA, an employee may take leave for the birth or adoption of a child, to care for an immediate family member (a spouse, child, or parent) with a serious health condition, or for their own serious health condition that renders them unable to perform essential job functions.
During FMLA leave, employers must maintain the employee’s group health insurance coverage on the same terms as if the individual were actively working. Additionally, once the employee’s leave concludes, the employer must restore them to the same or an equivalent position, provided all eligibility criteria were met and the total FMLA entitlement was not exceeded. The U.S. Department of Labor enforces FMLA compliance, and violations can result in employer liability for lost wages, benefits, or even job reinstatement.
Eligibility Requirements
Determining eligibility under CFRA or FMLA typically requires that employees have worked for their current employer for at least 12 months and logged at least 1,250 hours of service during the prior 12-month period. However, each law carries its own nuances regarding coverage and who qualifies. Under FMLA, the employer generally must have 50 or more employees within a 75-mile radius, whereas CFRA applies to employers with five or more workers. This distinction means some individuals in California may qualify for CFRA leave even if they do not meet the threshold for FMLA coverage, broadening the scope of job-protected leave.
The 12-month employment period need not be continuous; it can include breaks, provided the total time meets the one-year requirement. For instance, if you worked nine months in one stretch, took a short hiatus, then returned for another three months, you might still satisfy the requirement under certain circumstances. When employers dispute eligibility, it is wise to review payroll records, performance logs, and employment agreements to confirm that you meet the minimum service hours and duration..
If your employer challenges your eligibility status for CFRA or FMLA, document all relevant details, including your start dates, hours worked, and any communications regarding leave. Such documentation can be crucial when you decide to pursue claims through our skilled employment lawyer in San Diego, California.
Reasons for Taking a Leave
Both CFRA and FMLA authorize leave for specific family and medical circumstances. Under these laws, one major reason involves caring for a new child, either by birth, adoption, or foster care placement. Parents often rely on their leave rights to bond with a newborn or newly placed child, fostering a stable environment. Another valid reason is caring for a family member who has a serious health condition. Under FMLA, this family member is typically a child, spouse, or parent, but CFRA broadens the definition to include siblings, grandparents, grandchildren, and registered domestic partners.
An employee’s own serious health condition is also a qualifying reason. If a significant medical issue prevents someone from performing the essential responsibilities of their role, taking CFRA or FMLA leave can be invaluable. This time off allows individuals to receive treatment, rest, and recover without losing job security or group health benefits. Employers must maintain the employee’s position or provide an equivalent job upon return, barring certain limited exceptions.
Unfortunately, some workers face challenges when asserting their leave rights. For instance, employers might question the legitimacy of the request, deny the leave, or retaliate by reducing hours or making unwarranted disciplinary moves. When an employer’s behavior deters you from using your lawful leave or imposes penalties for doing so, call 619-807-5299 for unparalleled legal guidance from an employment lawyer.
Your Employment Rights Matter. Call Us Today.
Deciding whether you qualify for CFRA or FMLA leave can be crucial for your personal or family well-being, and getting the right representation is vital. John P. Martin, Attorney at Law offers confidential consultations to help you pursue your entitlements under these laws. Our office handles a range of workplace challenges, and we are ready to serve as your California employment lawyer for matters related to leave violations, and more. Reach out today to discuss your situation and safeguard your rights.
