Sometimes, taking family or medical leave is the only way to care for yourself. But many employees in California have reservations about seeking time off: What happens to my health insurance, benefits, and seniority if I take FMLA leave?
These are indeed the most legitimate concerns. The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide powerful protections, but the details are convoluted. It is vital that you understand your rights in order to make informed choices and safeguard your career.
When your employer refuses to follow these protections, experienced family medical leave act lawyers can step in to vindicate your rights, defend against retaliation, and ensure that you are treated fairly.
What Are FMLA and CFRA?
Both the FMLA (Family and Medical Leave Act) and CFRA (California Family Rights Act) cover eligible employees with job-protected leave for certain family and medical reasons.
- The FMLA is a federal law: It provides up to 12 weeks of unpaid, job-protected leave in any 12 months.
- CFRA is California’s State Law: Which often functions in tandem with the FMLA by also providing 12 weeks of unpaid leave (though with a wider scope, for example, it includes domestic partners and grandchildren).
Together, these laws afford Californians some of the best leave protections anywhere. But they are not identical, and employees must know which applies in their case.
Health Insurance During FMLA/CFRA Leave
The foremost concern of employees is health insurance under both FMLA and CFRA:
- Legal Obligations of Employers: Employers must continue group insurance coverage on the same terms as if the employee had continued to work.
- Summed up in one sentence, Employee Obligations is still a form of coverage.
So if you’ve been paying part of your health insurance premium all along, even after going on leave from work, it’s something you’ll have to continue to do. However, once you come back, the company can’t terminate that insurance or make you reapply.
When business owners try to drop health insurance while employees are taking family medical leave, finding a skilled family medical leave lawyer becomes important.
Other Benefits During Leave
What about other benefits, not just health insurance?
- Retirement Plan: Employers don’t have to keep up contributions while workers are on unpaid leave, but any vested amounts stay yours.
- Paid Time Off (PTO): Whether time off is considered vacation or a sick day depends on company policy.
- Life Insurance and Disability Insurance: Employers must treat you as if you were still at work unless the entire labor force loses coverage.
Before you go on FMLA or CFRA leave, it’s a good idea to meticulously study your employer’s leave policies and benefits handbook.
What You May Lose, What You Should Watch Out For
Even with the protection of the law, employees still need to be on their guard.
- Loss of Wages: FMLA/CFRA leave is not paid leave unless you take it at the same time as your accrued time off slips or government benefits come through.
- Delayed Promotions: Businesses cannot penalize you, but if your progress is measured in terms of years put in the job might suspend that timetable.
- Retaliation Risks: Some companies get even more subtle and retaliate by reducing hours or changing job content for staff returning from leave.
If you suspect retaliation, a seasoned family medical leave lawyer may help you build a case.
Seniority: What It Means & How It’s Protected
Seniority affects raises, advancement, and layoffs. Under FMLA and CFRA:
- You cannot be deprived of any seniority that you’ve already earned.
- FMLA/CFRA leave does not have to be included for purposes of gaining new seniority, unless the company counts other forms of leave without pay.
- By the end of my leave, you will see me every bit as invigorated as before.
This way, you stay in your place and line, and keep your old standing (seniority/ your right to supervise).
Practical Examples / Scenarios
Example 1: After the birth of her new baby, Maria leaves work for maternity leave, for which the company policy allows her to work part-time. Upon return, Maria simply goes back to her old job. And her health insurance has continued unchanged all along.
Example 2: While on vacation. James took FMLA leave for an operation. He didn’t acquire any new vacation time while using leave, but his accrued balance doesn’t disappear either.
Example 3: When Sarah’s work is cut down after a leave of absence, she is actually a victim of “staffing changes.” That means there may be legal grounds for her having been retaliated against and punished.
Real-world scenarios often mix multiple issues, which is why many employees seek advice from family medical leave act attorneys before, during, or after their leave.
Employer Obligations & Employee Rights
Employers must:
- Provide written policy in conformity with FMLA/CFRA.
- Maintain health benefits during leave
- Reemployment guarantee.
- No retaliation or interference with the right to leave.
Employees have the right to:
- Ask for and be able to prove legitimate medical certification leave.
- Return to their position or equivalent
- File a complaint if this right is taken away.
Double Check: Interaction with Other Laws & Leaves
- PDL (Pregnancy Disability Leave): California has four months of leave for pregnancy-related disabilities
- CFRA Bonding Leave: Parents can use this leave after PDL
- PFL (Paid Family Leave): Gives employees support, but not job protection
It’s important to understand the law in these areas because people who understand it can put it to your advantage. This is another area where an experienced family medical leave act lawyer can guide you.
Conclusion
In California, taking FMLA or CFRA leave does not mean loss of health insurance, loss of all benefits, or loss of seniority for re-employment. These laws are enacted to protect employees during their life-changing moments.
Regrettably, some employers do not adhere to the rules. Where you face lost benefits, refusal of leave, or retaliation by your employer, call the enlightened attorneys for help with your rights under the Family Medical Leave Act attorneys protection laws, and call employer accountability into question.
At the end of the day, family and health, and job should never be mutually exclusive. With the right legal representation, you may have all three.
