Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)
What are the FMLA and CFRA?
In California, there are two key statutes that govern leave: the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Each provides job security to employees who take a leave of absence from work.
The Family and Medical Leave Act (FMLA) is a labor law enacted in 1993 that requires employers with more than 50 employees to provide unpaid leave (without the risk of job loss) to employees suffering from a serious medical condition, to employees who need to care for a sick family member, or to employees who need to care for a new child. A serious medical condition is one that requires ongoing or inpatient treatment. Some medical conditions are not regarded as “serious” under the FMLA, including common illnesses and cosmetic surgery.
Like the FMLA, the California Family Rights Act (CFRA) also allows employees to take up to twelve (12) weeks of job-protected unpaid leave in a 12-month period for a serious health condition, to care for an immediate family member, or to care for a newborn or newly adopted child.
FMLA and CFRA leaves of absence are unpaid unless available paid time off is taken or disability benefits are available. However, as of July 1, 2004, an employee who suffers wage loss for taking leave may be entitled to partial compensation under the California Family Temporary Disability Insurance (FTDI), regardless of whether the employee qualifies for FMLA or CFRA leave.
FMLA and CFRA Eligibility
To be eligible for leave, an employee must meet all of the following:
- Employee must be employed by employer for at least 12 months (consecutive or non consecutive) as of the date leave commences, and
- Employee must have worked at least 1250 hours during the 12 month period preceding commencement of the leave, and
- On the date leave notice is given, employee must be employed at a worksite where employer employs at least 50 employees within a 75-mile radius.
Employee Provisions during Leave
- An employer must provide the same health plan benefits and other benefits as if the employee were actively employed.
- At the conclusion of the leave period, an employer must reinstate employee to the same or an equivalent position, unless the employee is a "key employee" – a salaried employee who is one of the highest paid 10% of all employees within a company – who is given appropriate notification by employer. A "key employee" may be denied reinstatement if it would result in substantial economic harm to the operations of the employer.
CFRA Remedies
An employer is prohibited from interfering with an eligible employee's right to take FMLA or CFRA leave or discriminating or retaliating against an employee for taking an LOA. If an employer does interfere with an employee's right to take leave, an employee may have a cause of action against his or her employer.
Should you proceed with taking action against your employer, there are various types of redresses that may be afforded to you, including damages for lost wages and employment benefits, attorney fees and claim costs, and equitable or injunctive relief (e.g. reinstatement, promotion, etc.).