The California Family Rights Act (CFRA) & Your Rights

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California Family Rights Act (CFRA) LawyerWhen you need to assert your rights under the California Family Rights Act, you can rely on Alan Burton Newman, PLC. Backed by 30+ years of legal experience and proven results, the firm's Los Angeles employment lawyer has built an impressive legal track record, winning against massive corporations and other high-profile entities, including General Motors, Los Angeles County, and the LAPD.

Keep reading to learn more about your rights under the CFRA, and feel free to contact Attorney Newman today for your free case evaluation!

Leave of Absence for Illness

Under California law, an employee who works for a large company (more than 50 employees) for a period of one or more years is entitled to a 60-day leave of absence when problems arise involving the employee's own serious health condition or the serious health condition of their spouse, parents, or children. Although this leave of absence is unpaid, the company must continue to pay its share of the employee's health insurance.

Before a worker can request time off, they must be able to prove that they qualify for the leave of absence. A serious health condition is not an ordinary cold. To qualify for this leave of absence, an employee must have a note from their medical provider stating that they are unable to return to work for a period of time and have a serious health condition.

Difference Between CFRA and FMLA

There are several differences between FMLA and CFRA. Under the CFRA, the employee is not required to have the doctor state the nature of the illness. Under the federal equivalent, The FMLA, the employee is required to have the doctor state the diagnosis. It is the practice of employers to refer to a leave of absence as FMLA leave rather than CFRA leave. It is the opinion of our Los Angeles employment lawyer, Mr. Newman, that this mischaracterization is to deprive the employee of his right to privacy.

CFRA Leave Qualification Requirements

To be eligible for CFRA leave, an employee must meet the following requirements:

  • Been employed for more than 12 months.
  • Worked at least 1,250 hours for that employer within the 12 months before leave begins.

A qualified employee is entitled to the following:

  • Unpaid leave to take time to bond with an adopted, foster, or newborn child.
  • Unpaid leave to provide care to a close relative suffering from a serious health condition.
  • CFRA leave to take care of their own serious health condition
  • The leave does not need to be taken at a continuous time

During this period of absence, your pay rate is left to your employer's discretion. Employers are not obligated to pay their employees during a CFRA leave, and an employer may require that an employee use their accrued vacation time or other accumulated hours to pay for their leave. In other words, even if the CFRA leave is for the employee's own serious health condition, they may be required to use their sick time.

The major benefits of the CFRA are that an employee is reserved the same or a tantamount position upon returning from their leave of absence, and the employer is required to continue paying his share of the employer's health care. Even part-time employees are entitled to take leave on a proportional basis. To learn more, get in touch with our legal team in a free consultation.

What if I Do Not Qualify Under CFRA?

If the employee does not qualify for time off, they still have a right to a reasonable leave of absence. The nature of this leave is dependent upon the size of the employer as well as the length of the employment. This is called a reasonable accommodation. The employer can deny on accommodation if they are able to prove that they will suffer an economic hardship by granting the accommodation.

Hire a Harvard Attorney to Enforce Your Rights—Call (310) 986-2792 Today

If your employer is not honoring the California Family Rights Act, then you will want to get an attorney who can assist you in your case right away. With the right lawyer on your side, you may be able to enforce your rights and keep your business accountable. Alan Burton Newman, PLC focuses on helping those who are dealing with violations of employment law. Our Los Angeles employment attorney has 40 years of experience.

Contact Alan Burton Newman, PLC today to get started on your case. You can also request a free case evaluation online!