The California Family Rights Act (CFRA) offers workers in California job-related protections for various family and medical reasons. According to the California Civil Rights Department, the law “provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.” It is similar in scope and scale to the federal Family and Medical Leave Act (FMLA). Despite these legal protections, workers are routinely denied paid leave for qualifying circumstances. The following article will help you better understand your rights as a worker under the CFRA.
Who is Eligible Under the California Family Rights Act (CFRA)?
Only certain employees are eligible to take leave through the CFRA. In order to be eligible, employees must meet the following criteria.
- Employees must have more than 12 months of service with their employer.
- Employees must have worked a total of 1,250 hours in the 12-month period before they are set to take leave.
- The employer must have at least five or more employees.
As a consequence of the work hours requirement, many part-time employees who work 20 hours or less per week will not be eligible to take unpaid leave off.
Key Differences Between the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both offer job protections for medical and family leave. But there are some key differences between the two laws.
- The FMLA only applies to employers with 50 or more employees. California’s CFRA is far more inclusive and applies to even small employers with just 5 workers.
- California’s CFRA Has a broader definition for “family member” than the federal law. Under the CFRA, qualifying family members may include siblings, grandparents, grandchildren, and even adult children.
- Pregnancy is not covered by the CFRA. These cases are handled by California’s Pregnancy Disability Leave (PDL).
California’s Pregnancy Disability Leave law requires that employers provide their workers with job-protected leave or accommodations if they become disabled by their pregnancy, childbirth, or related medical conditions. Workers are also permitted to take five days of bereavement leave following the death of certain members of their family.
Employer Obligations Under the CFRA
Employees have certain rights under the CFRA. In turn, these rights create certain obligations for employers. Below are some of the obligations for employers required under the CFRA.
- Employers must allow their workers to take their leave all at once or intermittently.
- Employers must continue to provide health coverage for affected workers during their leave.
- Employers are required to provide their workers with a written notice of their rights.
- Employers must reinstate their workers once they are able to return.
- Employers must not retaliate against workers who take leave under the CFRA.
When an employer violates legal requirements under the CFRA, they may be subject to numerous fines and penalties. Affected workers will typically have legal recourse through a civil claim.
Getting Legal Help for Violations Under the CFRA
Have you had your rights violated while attempting to seek leave under the CFRA? You may be entitled to damages and other legal remedies. Our team of labor law attorneys at The Labor Champ are here to assist you. We are committed to helping protect the rights of workers under the CFRA and holding employers accountable when they fail to meet their legal obligations. You can contact our office anytime for a free consultation at 949-727-9300.
