The California Family Rights Act (CFRA) & Your Rights
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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 health 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. An employee must have a note from their medical provider stating that they or a family member is unable to return to work for a period t qualify for the leave of absence.
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. We assert that this characterization deprives a worker of their 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 1,250+ hours for that employer within the 12 months prior to leave.
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 for a relative suffering from a serious health condition.
- CFRA leave to take care of a serious health condition
- 60 total days of leave that does not need to be taken continuously
During this period of absence, your pay rate is left to your employer's discretion. Employers are not obligated to pay their employees during 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 serious health condition, they may be required to use their sick time. One major benefit of the CFRA is how it allows an employee to maintain their insurance coverage during a leave of absence. Even part-time employees are entitled to take leave on a proportional basis.
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 employment and is known as a reasonable accommodation. The employer can deny an accommodation if they can prove that they will suffer an economic hardship by granting the accommodation.
Hire a Harvard-Trained Hero for Your Employment Law Needs
If your employer is not honoring the California Family Rights Act, then you need the help of our Los Angeles lawyer. With the right lawyer on your side, you may be able to enforce your rights and keep your employer accountable.
Alan Burton Newman focuses on helping those who have valid claims. This way, he will be able to build a strong case in the same way that has helped him win millions of dollars against some of the world’s largest companies. With over 35 years of experience, Alan Burton Newman is a pioneer in employment law and uses his Harvard training to fight for clients and win them the justice they deserve.
Contact Alan Burton Newman today at (310) 986-2792 to get started on your case. You can also request a free case evaluation online!
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