CALIFORNIA FAMILY RIGHTS ACT (CFRA)

You have probably heard of FMLA (Family Medical Leave Act.)  California has its own medical leave act - California Family Rights Act (CFRA).  CFRA can be complicated and it can be difficult for an employee to navigate, particularly if the employee is not getting help from human resources. 

CFRA ensures that an eligible employee can take job-protected leave and maintain their health benefits when (1) the employee or family member has a serious health condition; or (2) the employee needs prenatal care, bonding with a newborn and birth or placement for adoption or foster care of a child. 

The first thing you should evaluate is whether your employer must abide by CFRA.  Private employers are covered under CFRA when it employs 50 or more full or part-time employees, within 75 miles of the workplace for each working day of each of 20 or more calendar weeks in the current or preceding year.

To qualify for the leave, an employee must have worked for the employer for one year and have 1250 hours of service during the 12-month period immediately preceding the leave.

CFRA provides for 12-weeks of job-protected leave during a 12-month consecutive period.   You do not have to take the leave all at once.  For example, if you are caring for an ill child, with a serious health condition, you can take the leave intermittently. 

CFRA “job-protected” leave means the employee must be reinstated to the same or comparable position if they return to work within the 12-week time.  This is subject to certain employer defenses, such as “key employee” defense or a workforce lay-off that does not target the employee for taking leave. 

If you are fired for taking CFRA for taking a properly noticed leave, you might have a claim against your employer for violation of CFRA or interference with your CFRA rights. 

Also, if you are taking sick days while on CFRA leave, and you get disciplined or discriminated against for not working on those days, you may also make a claim against your employer. An absence control policy that treats sick leave taken under Lab Code §233 as an absence that may lead to or result in discipline, discharge, demotion, or suspension is a per se violation of Lab Code §233. Lab Code §234.

CFRA requirements can be complicated, and you should always consult with an experienced lawyer in CFRA rights. 

Here are some additional resources related to understanding FMLA and CFRA:

CalChamber - Family and Medical Leaves

National Law Review - Understanding CFRA: Who is Eligible for CFRA Leave

DFEH - Family, Medical, and Pregnancy Disability Leave for Employees in California