What Type of Medical Leave Are Employees Entitled to in California?
In California, eligible employees may take job-protected leave to care for themselves or a family member. This leave is called the California Family Rights Act leave or CFRA leave. Employees may also take leave under the federal Family and Medical Leave Act (FMLA). If an employee is eligible under both acts, they receive the benefit of the more generous law.
What is the California Family Rights Act?
The CFRA covers both public employers, regardless of the number of employees, and private employers which employ 5 or more employees.
An employee is eligible for CFRA leave if:
- they or their family member has a serious health condition,
- if they have worked for their employer for more than 12 months,
- if they have worked for 1250 hours in the past year, and
- if their employer has 5+ employees
An eligible employee may take up to 12 weeks of leave per year to care for themself, their child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition. This also includes childbirth and baby-bonding.
What is the Family and Medical Leave Act?
Similar to CFRA, the FMLA covers public employers, regardless of the number of employees. However, FMLA only covers private employers that employ 50 or more employees within a 75-mile radius.
An employee is eligible for FMLA leave if:
they or their family member has a serious health condition,
if they have worked for their employer for more than 12 months,
if they have worked for 1250 hours in the past year, and
if their employer has 50+ employees that work within a 75 mile radius
An eligible employee may take up to 12 weeks of leave per year to care for themself, their child, spouse, or a parent with a serious health condition. This also includes childbirth and baby-bonding.
What Are Requirements Under Both CFRA and FMLA?
- An employer must reinstate an eligible employee to their same or comparable job, except in certain circumstances like employee layoffs.
- An employer must continue to pay for an employee’s health coverage if they normally do so.
- An employee will not lose seniority or benefits on leave.
You can also read: Paternity and Maternity Leave in California [2024 Updated]
Discrimination Against on the Basis of a Disability and/or Medical Condition
Discrimination against employees on the basis of a disability and medical condition is against the law in California. Employers must not discriminate against someone because they exercise their right to take medical leave to treat or recover from a disability or medical condition. Discrimination lawyers like the attorneys at Ricardo Lopez Law specialize in discrimination-based cases. Ricardo Lopez has years of experience representing clients and fighting for their rights in Los Angeles and across the state of California.
FAQs:
The CFRA allows eligible employees in California to take up to 12 weeks of job-protected leave annually to care for themselves or a family member with a serious health condition. This includes time off for childbirth and bonding with a new child.
To qualify for CFRA leave, an employee must have worked for their employer for more than 12 months, have at least 1,250 hours of service in the past year, and work for an employer with five or more employees.
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, including personal or family illness and childbirth.
While both laws offer similar benefits, FMLA applies to private employers with 50 or more employees within a 75-mile radius, whereas CFRA covers employers with five or more employees. Additionally, FMLA does not include leave to care for a grandparent, grandchild, or sibling, which CFRA does cover.
Yes, under both CFRA and FMLA, employers must continue to provide health insurance coverage under the same terms as if the employee had continued working during the leave period.
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Ricardo López
Ricardo López is the founder and lead attorney at Ricardo Lopez Law, where he is committed to providing strong, compassionate legal representation. With a deep understanding of the law and a tireless dedication to justice, Ricardo works closely with clients to guide them through challenging legal situations. On the blog, he shares valuable legal tips, insights, and updates to help individuals make informed decisions and protect their rights.