Q. Am I protected under federal law and state law?
A. Leave of absence for illnesses and pregnancy are covered by both federal law, Family Medical Leave Act (FMLA) and California law, California Family Rights Act (CFRA) and Pregnancy Discrimination Act (PDA). California law provides greater rights. Thus, employees' claims are brought under CFRA and PDA. Many employers refer to leave of absence under FMLA in an effort to mislead their employees, since under FMLA unlike CFRA the employee is not able to combine leave of absence for medical illness and pregnancy to provide a total of 7 months instead of 3 or 4 months.
Q. How do I qualify for California Family Right Act (CFRA)?
A. An employee must be employed by the company for 12 months and the company must have over 50 employees within a 75 mile radius of the work site. A leave must be for serious illness of the employee or a family member of the employee.
Q. How long is the leave of absence for under California Family Right Act (CFRA)?
A. Maximum of 3 month in any 12 month period.
Q. What are my rights under California Family Right Act (CFRA)?
A. The leave guarantees that the employee can return to its job within the 3 month period. The leave is unpaid but the employer must pay its share of the employee’s medical insurance contribution.
Q. Does the California Family Right Act (CFRA) prevent me from being laid off or fired for cause?
A. No. If you would have been laid off or fired for cause even if you have not taken the leave of absence, you still can be laid off or fired.
Q. What if I do not qualify for California Family Right Act (CFRA)?
A. the employer may still be required to return the employee to the job if doing so is reasonable and does not require an economic hardship. This is called reasonable accommodation.
Q. What do I need to qualify for a pregnancy leave of absence?
A. The employer needs to have only 5 employees and there is no minimum time that you have to be employed.
Q. How long is my leave of absence for pregnancy for?
A. 4 months.
Q. Does my leave of absence for my pregnancy prevent me from being laid off or fired for cause?
A. No. You still can be laid off or fired if you would have been laid off or fired for cause even if you have not taken the leave of absence.
Q. What facts do I have to have to win my case?
A. Each case is different. I will personally discuss with you the facts of your case, what additional facts we need to find, the likelihood of prevailing and the money you may expect to receive as damages.
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