CFRA in California
Navigating your rights as an employee can feel overwhelming, especially when balancing work and personal responsibilities. The California Family Rights Act (CFRA) offers vital protections for workers needing time off for family or medical reasons.
Understanding CFRA and FMLA is crucial to ensure you make the most of its benefits. This article is brought to you by MJB Law Group, a boutique litigation law firm in California specializing in employment law.
Understanding CFRA
What is CFRA?
The California Family Rights Act (CFRA) is a state law that entitles eligible employees to take unpaid, job-protected leave to care for a seriously ill family member or a newborn, newly adopted, or foster child.
Eligibility for CFRA Leave
To be eligible for CFRA leave, you must meet the following criteria:
- Employment Duration: You must have been employed by your employer for at least 12 months.
- Hours Worked: You must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave.
Qualifying Reasons for CFRA Leave
CFRA leave can be taken for the following reasons:
- Serious Health Condition of a Family Member: This includes a spouse, domestic partner, child, or parent.
- Birth or Adoption of a Child: This includes biological, adopted, or foster children.
- Qualifying Exigency: This refers to urgent needs related to a family member’s military deployment.
CFRA Leave Duration
The maximum duration of CFRA leave is 12 weeks in a 12-month period. However, if you are taking leave to bond with a new child, you may be eligible for up to 12 weeks of leave in a 12-month period, even if you have already taken CFRA leave for another reason.
CFRA Leave Benefits
Job Protection
When you take CFRA leave, your employer is required to maintain your health benefits and re-employ you in your original position or an equivalent position with equivalent pay and benefits upon your return.
Health Insurance Continuation
During your CFRA leave, your employer must continue to provide health insurance coverage under the same terms and conditions as if you were actively working.
Wage and Salary Continuation
While CFRA leave is unpaid, some employers may offer paid time off (PTO) or sick leave to cover part or all of the leave period. Additionally, you may be eligible for state disability insurance (SDI) benefits to replace a portion of your lost wages.
CFRA Leave Process
Notice Requirements
You must provide your employer with 30 days’ advance notice of your intent to take CFRA leave, if possible. If 30 days’ notice is not feasible, you must provide as much notice as is practicable.
Medical Certification
Your employer may require you to provide medical certification from a healthcare provider to support your need for CFRA leave.
Employer’s Responsibilities
Your employer is responsible for:
- Providing you with information about CFRA leave.
- Designating leave as CFRA leave.
- Maintaining your health benefits.
- Reinstating you to your original or equivalent position upon your return.
Employee’s Responsibilities
As an employee, you are responsible for:
- Providing timely notice of your intent to take leave.
- Providing medical certification if required.
- Returning to work at the end of your leave period.
CFRA and Other Leave Laws
CFRA and FMLA
CFRA and the Family and Medical Leave Act (FMLA) are similar but have distinct differences. CFRA provides broader coverage, including leave for bonding with a new child and qualifying exigency.
CFRA and PFL
California Paid Family Leave (PFL) provides partial wage replacement for eligible employees who take time off to care for a seriously ill family member or bond with a new child. CFRA and PFL can be used concurrently, but they have separate eligibility requirements and benefit amounts.
CFRA and ADA
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. CFRA and ADA can sometimes overlap, particularly when leave is taken for a serious health condition.
CFRA and Workplace Discrimination
Retaliation for Taking CFRA Leave
It is illegal for employers to retaliate against employees for taking CFRA leave. Retaliation can include adverse employment actions such as termination, demotion, or reduced hours.
Discrimination Based on CFRA Leave
Employers cannot discriminate against employees based on their use of CFRA leave. This includes discrimination based on gender, race, or disability.
Common CFRA Mistakes
Failing to Provide Adequate Notice
One common mistake is failing to provide your employer with sufficient notice of your intent to take CFRA leave.
Misunderstanding Eligibility Requirements
Another common mistake is misunderstanding the eligibility requirements for CFRA leave, such as the minimum employment duration and hours worked requirements.
Improperly Denying CFRA Leave
Employers may sometimes improperly deny CFRA leave, often due to a lack of understanding of the law or a desire to avoid the costs associated with leave.
Intermittent and Reduced Schedule CFRA Leave
Eligibility
Intermittent or reduced schedule CFRA leave may be available for serious health conditions that require frequent or unpredictable absences.
Certification Requirements
To take intermittent or reduced schedule CFRA leave, you typically need to provide medical certification from a health care provider.
Employer’s Responsibilities
Your employer may require you to provide advance notice of your need for intermittent or reduced schedule leave, but the specific notice requirements can vary.
CFRA Leave for Bonding with a New Child
Eligibility
You may take CFRA leave to bond with a newborn, newly adopted, or foster child.
Duration
The maximum duration of CFRA leave for bonding with a new child is 12 weeks in a 12-month period.
Coordination with PFL
You may be able to coordinate CFRA leave with PFL to receive partial wage replacement during your leave.
CFRA Leave for Serious Health Conditions
Qualifying Conditions
CFRA leave for a serious health condition can be taken to care for a spouse, domestic partner, child, or parent.
Certification Requirements
You will need to provide medical certification from a healthcare provider to support your need for CFRA leave.
Duration
The maximum duration of CFRA leave for a serious health condition is 12 weeks in a 12-month period.
CFRA Leave for Qualifying Exigency
Qualifying Exigencies
Qualifying exigencies include urgent needs related to a family member’s military deployment, such as arranging child care, making financial and legal arrangements, or attending military counseling sessions.
Certification Requirements
You may need to provide documentation from the military to support your need for CFRA leave.
Duration
The maximum duration of CFRA leave for a qualifying exigency is 12 weeks in a 12-month period.
CFRA and Wage and Hour Laws
Overtime Pay
CFRA leave does not affect your eligibility for overtime pay. If you work overtime hours during your leave, you are entitled to overtime pay.
Minimum Wage
CFRA leave does not affect your employer’s obligation to pay you minimum wage.
Meal and Rest Breaks
Your employer must continue to provide you with meal and rest breaks during your CFRA leave, if applicable.
CFRA and Workers’ Compensation
Coordination of Benefits
CFRA leave and workers’ compensation benefits can be coordinated, but the specific rules can vary.
Impact on CFRA Leave
Workers’ compensation benefits may impact your eligibility for CFRA leave, depending on the specific circumstances of your case.
CFRA and Unemployment Insurance
Eligibility for Benefits
You may be eligible for unemployment insurance benefits if you are laid off or terminated while on CFRA leave.
Impact on CFRA Leave
Taking CFRA leave may affect your eligibility for unemployment insurance benefits, but the specific rules can vary.
CFRA and Immigration Law
Impact on Undocumented Workers
Undocumented workers are generally not eligible for CFRA leave.
Impact on Immigrant Workers
Immigrant workers who are authorized to work in the United States may be eligible for CFRA leave, but specific eligibility requirements may vary depending on their immigration status.
CFRA and Military Leave
Coordination of Leave
CFRA leave can be coordinated with military leave, but the specific rules can vary.
Impact on CFRA Leave
Taking military leave may impact your eligibility for CFRA leave, but the specific rules can vary.
Legal Assistance for CFRA Issues
Consulting with an Employment Attorney
If you have questions about your rights under CFRA or believe that your employer has violated your rights, it is advisable to consult with an employment attorney at MJB Law Group.
MJB Law Group: Your Trusted Legal Partner
At MJB Law Group, we are dedicated to fighting for employees’ rights in California. As a boutique litigation law firm specializing in employment and personal injury law, we provide expert representation for individuals facing wrongful termination, CFRA violations, or retaliation.
At MJB Law Group, we level the playing field so you can focus on recovery and justice. Trust us to fight for the outcome you deserve.
Conclusion
Understanding the nuances of CFRA can be challenging, but it’s crucial to protect your rights as an employee. By being informed and seeking legal advice when necessary, you can ensure that you’re able to take advantage of the benefits offered by this important law.
If you have any questions or concerns about CFRA or need legal assistance, MJB Law Group can provide the guidance you need. Our experienced attorneys are dedicated to helping individuals understand their rights and fight for justice.
