CFRA essentially mirrors the FMLA, with certain exceptions. Unlike FMLA, CFRA only applies to California employees.
The CFRA and the FMLA give employees the right to take up to twelve (12) weeks of unpaid leave to care for a newborn biological child, a newly adopted child, a seriously ill family member or a serious illness of their own. These family and medical leave laws only apply if:
- You have worked for your employer for at least (1) year;
- You have worked for that employer for at least 1,250 hours in the past year; and
- Your employer has at least fifty (50) employees working within seventy-five (75) miles of your work site.
After an employee returns from leave through the CFRA or FMLA:
- Employees are guaranteed to return to work to the same position or a comparable position; and
- An employee can request that the guarantee be in writing
- In some cases, the same position may not be available, but a “comparable” position can be offered with the same:
- benefits, pay, job content, and status.
- Employers are not required to pay employees while they are on CRFA or FMLA leave. However, if the employer provides health benefits, then the employee will continue to:
- receive full health care coverage, accrue seniority; and participate in any other benefit as part of his or her employment benefits package.
- An employer may require an employee to use vacation pay or other paid time off during CFRA and/or FMLA leave. If the employee is on leave because of his or her own serious medical condition, the employer may require the employee to use up all of their sick days.
Conditions that are generally excluded from FMLA and CFRA protection include:
- Common cold or flu
- Ear aches
- Upset stomach
- Minor ulcers
- Headaches other than migraine
- Routine dental or orthodontia problems
- Conditions for which cosmetic treatments are administered
How Much Protected Time off Can an Employee Take Off Pursuant to FMLA/CFRA?
Both CFRA and the FMLA give employees an absolute right to take up to twelve (12) weeks of unpaid leave in a one year period. If an employee meets the requirements for a leave, leave must be granted. There is no “business necessity” or “undue hardship” defense under the FMLA.
Employees are guaranteed a return to the same position and/or comparable position, and an employee can request that guarantee in writing
Can an Employee Receive Intermittent Leave or Reduced Work Schedule Pursuant to FMLA/CFRA?
Yes. Both the FMLA and CFRA provide for leaves of absence on an intermittent or reduced schedule basis under certain circumstances. Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason.
Examples include:
- Occasional absences of a few hours for doctor’s appointments for ongoing or the monitoring of a serious health condition.
- Leave taken a few days or weeks over a period of time several months for a recurring serious health condition, such as chemotherapy.
- Reduced schedule to care for a child as well as medical treatment for the employee or family member.
Which Employees are Eligible for FMLA/CFRA? What are the Employer’s Duties After an Employee Returns from CFRA/FMLA Leave?
- Employees are guaranteed to return to work to the same position or a comparable position
- An employee can request that the guarantee be in writing
- In some cases, the same position may not be available, but a “comparable” position can be offered with the same benefits, pay, job content, and status.
- Employers are not required to pay employees while they are on CRFA or FMLA leave.
However, if the employer provides health benefits, then the employee will continue to receive full health care coverage, accrue seniority; and participate in any other benefit as part of his or her employment benefits package.
Does an Employee Have to Use Sick or Vacation Time During their Leave?
An employer may require an employee to use vacation pay or other paid time off during CFRA and/or FMLA leave. If the employee is on leave because of his or her own serious medical condition, the employer may require the employee to use up all of their sick days
Differences Between CFRA and FMLA
- FMLA allows you leave to care for an injured or ill service member who is a child, parent, spouse or other next of kin. CFRA restricts leave to just a child, parent or spouse.
- FMLA considers pregnancy as a serious health condition. CFRA does not include pregnancy itself as a qualifying condition, however, leave may be available under the state’s Pregnancy Disability Leave.
- FMLA allows leave if a family member is, or is called to, activity duty military under certain conditions, whereas CFRA does not.
- FMLA does not consider registered domestic partners as equal to spouses, whereas CFRA does.
Call Duel Law Firm Today!
You do not have to tolerate this unacceptable behavior. For questions about California Family Rights Act or the Family Medical Leave Act and to speak to our skilled staff, do not hesitate to contact us at Duel Law. You are not alone.
Duel Law has been successful at collecting millions of dollars on behalf of employees under these circumstances.
