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.
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.