FAMILY MEDICAL LEAVE ACT & CALIFORNIA FAMILY RIGHTS ACT

---

The CFRA is very similar to the FMLA, however, there are some key differences between the two laws. The CFRA is more flexible in that only a minimum of 20 employees must have worked at the business during the time leave is requested. Also, under the CFRA, pregnancy-related disabilities do not apply. Nonetheless, like the FMLA the eligible employee gets up to 12 weeks of unpaid leave within one year. 

Overview of Family & Medical Leave Rights in California

California offers employees some of the most comprehensive Family & Medical Leave rights in the nation. These rights are protected by both the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). These laws ensure that eligible employees can take unpaid, job-protected leave for specific family and medical reasons without the risk of losing their jobs or benefits.

Key Aspects of Family & Medical Leave:

1. Eligibility: Typically, employees are eligible if they have worked for their employer for at least 12 months, have accumulated over 1,250 hours of work during the previous 12 months, and work at a location where the company employs 50 or more employees within a 75-mile radius.
2. Duration: Eligible employees can take up to 12 work weeks of leave in a 12-month period for reasons such as the birth of a child, caring for an immediate family member with a serious health condition, or when the employee themselves has a serious health condition.
3. Protection: During the leave, employers must maintain the employee's health coverage under any group health plan. Upon return from leave, employees must be restored to their original job or an equivalent position.
4. Notice: Employees must provide their employers with reasonable advance notice if the need for leave is foreseeable.

Proving Family & Medical Leave Violations: Successfully establishing a Family & Medical Leave violation requires a methodical presentation of evidence and facts. Here are some key factors to consider:

• Eligibility Criteria: Ensure you meet the criteria to qualify for Family & Medical Leave, including the length of employment, hours worked, and the size of the employing entity.
• Valid Reason for Leave: Confirm that your reason for taking leave is covered under FMLA or CFRA. Common reasons include personal serious health conditions, caring for a family member with a serious health condition, childbirth, bonding with a new child, or certain military-related situations.
• Notification: Notify your employer about your need for leave in a timely manner, either 30 days in advance for foreseeable leave or as soon as practicable for unforeseeable leave.
• Employer's Response: Assess how your employer responded to your request. Did they deny your valid request without a legitimate reason? Did they fail to maintain your benefits during your leave?
• Retaliation or Adverse Action: Upon returning from leave, were you reinstated to your original position or an equivalent one with the same pay and benefits? If you experienced demotion, reduced pay, or termination, this may indicate a violation.
• Documentation: Keep thorough records of all interactions with your employer regarding your leave, including emails, letters, and medical certificates.
• Comparative Treatment: Understand how other employees in similar situations were treated. Were they granted leave under similar circumstances, or were you treated unfairly compared to others?
• Employer's Explanation: Scrutinize any alternative reasons provided by your employer for their actions to determine if they are genuine or a pretext to cover up a violation.
• Legal Guidance: Consult with an employment law attorney who can provide insights into the strengths and potential weaknesses of your case and guide you through the process.

Each case is unique, and the specific facts and circumstances surrounding your situation will be crucial in determining whether you have a viable claim for a Family & Medical Leave violation. It's essential to seek legal advice to protect your rights effectively.

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are two separate but related laws that provide eligible employees with job-protected leave for specific family and medical reasons. While they have many similarities, there are some key differences between FMLA and CFRA, especially regarding coverage, eligibility, and specific provisions. Here's an overview of the main distinctions:

1. Coverage:

• FMLA: FMLA is a federal law that applies throughout the United States. It covers eligible employees who work for covered employers, which include private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools.
• CFRA: CFRA is a California state law. It covers eligible employees who work for employers with five or more employees, including both public and private employers.

2. Eligibility:

• FMLA: To be eligible for FMLA leave, an employee must have worked for the covered employer for at least 12 months, have accumulated 1,250 hours of service during the previous 12 months, and work at a location where the employer has 50 or more employees within a 75-mile radius.
• CFRA: CFRA eligibility criteria are similar to FMLA but apply to California employers with five or more employees. Employees must have worked for their California employer for at least 12 months, accumulated 1,250 hours of service during the previous 12 months, and work at a location where the employer has five or more employees within a 75-mile radius.

3. Reasons for Leave:

• FMLA: FMLA allows eligible employees to take leave for reasons that include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, a serious health condition that makes the employee unable to perform their job, and certain military-related reasons.
• CFRA: CFRA primarily aligns with FMLA in terms of reasons for leave, with some differences. For example, CFRA allows leave for pregnancy disability beyond what FMLA offers, while FMLA includes leave for certain military caregiver purposes that CFRA does not cover.

4. Concurrent Use:

• FMLA and CFRA can run concurrently: In cases where an employee qualifies for both FMLA and CFRA leave and the leave reasons align, the leave can run concurrently, meaning that the employee's absence counts against both their FMLA and CFRA entitlements.

5. Differences in Employer Requirements:

• CFRA expands coverage for certain domestic partners: CFRA includes registered domestic partners within the definition of "spouse," which extends coverage to domestic partners for purposes of caring for each other.

6. Intermittent Leave:

• Intermittent leave is available under both FMLA and CFRA: Eligible employees can take leave on an intermittent or reduced leave schedule when medically necessary for their own or a family member's serious health condition. Employers must grant intermittent leave when required under both laws.

7. Paid Family Leave (PFL):

• PFL is a separate California program: California also has a Paid Family Leave (PFL) program that provides partial wage replacement benefits for employees taking leave to bond with a new child or care for a seriously ill family member. PFL is distinct from both FMLA and CFRA but can run concurrently with them.

It's important to note that while both FMLA and CFRA provide job-protected leave, they may have different provisions and nuances that can impact an employee's specific situation. Employees should be aware of both federal and California state laws when considering family and medical leave options. Consulting with an employment attorney or HR professional can help clarify how these laws apply to individual circumstances.