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Medical, Family, and/or Pregnancy Leave

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Your Rights on Family, Medical, and Pregnancy Leave

Your rights as an employee are protected by several state and federal laws, especially in cases of legally protected forms of leave, including family, medical, and pregnancy leave.

What is FMLA and CFRA?

The federal Family and Medical Leave Act (FMLA) stipulates that employers offer 12 weeks of unpaid leave in a 12-month period for eligible employees for family and medical-related reasons, including:

  • Serious health conditions and/or injury for the employee
  • Serious health conditions and/or injury for the employee’s spouse, child, or parent(s)
  • The birth of a child/maternity leave
  • The adoption of a child

Note, the FMLA applies to employees who have worked for the employer for at least 12 months and have worked over 1250 hours during the last 12 months, for an employer with 50 or more employees within a 75-mile radius of the employment location. 

California Family Rights Act (CFRA) is a state-based law allowing eligible employees to take up to 12 weeks off (paid or unpaid) for the same or similar reasons. The CFRA however, has less strict requirements and may provide a greater array of who is covered, such as registered domestic partners and extended family.

What is Concurrent Leave?

Concurrent leave is the collaboration of both FMLA and CFRA, provided that you or an employee refer to each law sequentially, but not at the same time. In other words, you can be eligible for 12 weeks of leave if you’re eligible for FMLA and additional 12 weeks through CFRA.

Is My Employer Following CFRA/FMLA Properly?

If the employer is required to provide these benefits, the employer may be responsible for:

  • Determining if you are eligible for leave
  • Evaluating and confirming the duration of your leave
  • Reviewing, monitoring, and recording your leave
  • Record-keeping of all notices, designations, and certification of FMLA/CFRA leave

 

An employer can be held accountable should they display the following behavior:

  • Terminating you during the leave or after your return if it is connected to your request for the leave.
  • Changing the terms and conditions of your employment, such as reassignments and any decreases in pay
  • Any denial or interference with your FMLA/CFRA leave rights, especially if you complain regarding your FMLA/CFRA rights violation

Talk to An Employment Attorney in California for Your Rights

Under the CFRA, you may recover any lost wages, salary, bonuses, employment benefits, and other forms of compensation as a result of the violation, in addition to emotional distress damages. If you believe that your employer is in violation of your FMLA/CFRA rights, a California employment attorney may help with your case.

At Kohanchi Law, we evaluate your leave situation and the violations that may have taken place and ensure that your employer is held accountable.

Contact us and Schedule a Free Consultation.

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