What Rights Do I Have Under the California Family Rights Act (CFRA)?

Author: Mesriani Law Group
Posted on: November 18, 2020

There are some moments in life that you just can’t miss. The birth of a child or taking time to care for a family member are significant times in our lives. In California, employees should be able to take time from work to do so.

California employees are entitled to time off if they request it for family or medical care. But are all employees protected? And if so, are there certain requirements that need to be met?

CFRA Definition

CFRA gives California employees job protection for up to 12 weeks (paid or unpaid) under qualified family leave. Job protection is offered to employees who take leave for the birth of a child, the purpose of bonding after the birth of a child, paternity leave for fathers to spend time with a newborn or take care of his partner during pregnancy, serious health conditions of the employee’s parent, child, or spouse, or for the employee’s serious health condition. CFRA also protects employees if they take leave for the adoption of a child or placement of a child in foster care.

Employees Covered Under CFRA

Employees who have worked at least 1,250 hours in the past 12 months before taking leave are covered by CFRA. There must be at least 50 employees employed for the employer within a 75-mile radius of the employee’s office.

An employee must provide reasonable notice to the employer before taking leave. The notice can be either written or verbal but must be given at least 30 days in advance (if the reason foreseeable). For example, maternity leave is generally foreseeable and reasonable notice should be provided.

Employees on CFRA leave may also be eligible for 6 weeks of paid leave under Family Temporary Disability Insurance (FTDI), also known as Paid Family Leave (PDL). Also, according to the Employment Development Department (EDD) of California, a new claim called Military Assist will expand paid family leave.

Military Assist benefits will be available to eligible California employees who need time off work because of the military deployment of their registered domestic partner, spouse, parent, or child to a foreign country.

Employers That Must Comply With CFRA

All government employers (local, state, county agencies) of any size must comply with CFRA. However, federal government employers are exempted.

Private employers who do business in California and employ at least 50 employees (part-time or full-time) must comply with CFRA. Religious organizations and non-profit organizations must also comply.

During CFRA leave, an employer must continue to provide the same health benefits as when the employee was still working. Health benefits include health insurance, disability insurance, life insurance, retirement programs, pension, and more.

Since CFRA does not require employees to take leaves all at once, employers may tell employees to take the leave intermittently.

Consult with a CRFA Attorney Today

If your employer has denied your right to take leave for family or medical care, your employment rights may have been violated. We are confident that our experienced lawyers can obtain the maximum compensation for your case and offer a “no win, no fee” guarantee. Contact Mesriani Law Group’s office in Los Angeles today to speak with an attorney that will fight for you.