The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide job protections to employees taking a leave of absence for qualifying life events. In California, your family and medical leave rights under these acts allow for up to 12 weeks of unpaid leave and enable employees to maintain health insurance coverage.
If you are taking a leave of absence from your work, you need to know your rights and what protections you have. A Los Angeles employment lawyer can help you understand FMLA/CFRA protections or pursue a lawsuit against your employer if you’ve been wrongfully terminated for taking protected time off.
FMLA and CFRA Protections
The Family and Medical Leave Act (FMLA) is a federal law that entitles employees to take up to 12 weeks of protected, unpaid leave for serious life events, like the birth of a child or taking care of a newborn. The leave is protected, which means you can’t lose your job or be fired while taking it.
Your employer must hold your new position or provide one with similar compensation when you return. Covered events under FMLA include:
- The birth/adoption of a child
- Caring for one’s sick spouse, child, or parent
- A serious health condition that prevents the employee from working
- Emergencies arising out of membership in the armed forces
FMLA protections apply to all large companies with at least 50 employees within a 75-mile radius. In order to take FMLA leave, you must have been employed for at least 12 months and have worked a total of 1,250 hours in the past 12 months.
The California Family Rights Act (CFRA) is state legislation that extends FMLA protections to all companies with five employees. So in California, even if you work for a small business with fewer than 50 employees, you are entitled to FMLA protections under the CFRA. The CFRA also allows leave for caring for one’s domestic partner, siblings, and grandparents.
What Protections Do I Have in California When I Take Family or Medical Leave?
You have three primary family and medical leave rights and protections when you take leave of absence for a qualifying reason:
- Your employer must reinstate you to your original or a similar position.
- You can maintain your employer group health insurance.
- Your employer cannot fire you in retaliation for taking protected leave.
Generally, FMLA and CFRA leave cannot be stacked together. If you qualify for both, then you would take them concurrently.
Does the CFRA Cover Pregnancy?
One difference between the FMLA and CFRA is that the CFRA does not cover leave for pregnancy. This is because pregnant workers in California are entitled to take pregnancy disability leave (PDL).
PDL provides up to four months of unpaid protected leave that one can take in conjunction with CFRA leave. This gives pregnant people more time to recover and bond with their children.
California Paid Family Leave (CPFL)
In California, parents can take advantage of state-paid family leave to care for a sick child or bond with a newborn. Unlike FMLA and CFRA leave, CPFL is paid and provides cash benefits to parents to help them care for their families.
Eligibility requirements for CPFL are relatively easy to meet: You must have earned at least $300 in the past 12 months that was subject to withholding for the state disability insurance fund. As such, most workers in California qualify for paid family leave.
Medical Certification for Taking Leave
When you request to take a leave of absence for work due to a serious health condition, you typically must provide medical certification within 15 days. Medical certification is an official form filled out by a healthcare provider that clearly explains your limitations.
For reasons of privacy, the certification doesn’t need to provide a specific diagnosis, but it does need to specify that leave is needed.
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What if My Employer Rejects My Leave Request?
FMLA and CFRA are laws that guarantee employees’ protections when they take a qualifying leave of absence. If your employer rejects your request for leave or retaliates against you for taking a qualifying absence, you could file a lawsuit against them for unfair labor practices.
Through an employment lawsuit, you could potentially recover financial damages for the following types of losses:
- Back pay and the amount of lost work income
- Value of lost promotions, bonuses, or commissions
- Emotional distress caused by the retaliation
- Interests on withheld pay
- Reinstatement to the previous position
In California, employers in an employment lawsuit are also required to pay for the plaintiff’s legal fees if they receive an adverse judgment.
Contact an FMLA Lawyer in Los Angeles Today
Do you have more questions about your family and medical leave rights in California? If so, contact our offices online or call today to schedule a free case consultation with a Los Angeles employment lawyer. Omega Law Group Accident & Injury Attorneys focuses on putting our clients first. Always.
