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DFEH-188 Family Rights and Medical Leave

Posted by Timothy J. Ryan | Aug 19, 2016 | 0 Comments

You may already be familiar with FMLA, which is the Family and Medical Leave Act, which guarantees certain employees up to 12 workweeks of unpaid leave every year with no threat of job loss. It may be a complicated law to understand for many reasons, but if you are planning an upcoming medical event, then it is in your best interest to adhere to these laws and get the time off that you deserve. FMLA, for instance, only applies to certain employees. The employee must work for a covered employer, as this is not something that every employer will carry as a benefit. The employee must also work at least 1,250 hours during a period of 12 months before they take leave under FMLA.

There are also things to keep in mind. For instance, if you want to use the leave to take care of your wife's relative, you cannot do so – she would have to, since it is her relative. You are also not guaranteed any sort of paid leave. All employers will have various regulations regarding what should be done with your time. You should also know that you do not have to provide medical records of any kind, as proof is unnecessary. Furthermore, you cannot be fired for taking your leave. It is guaranteed to you.

California Family Rights Act (CFRA)

In California, there is something specifically known as the California Family Rights Act, which covers employers who do business in California and employ 50 or more part-time or full-time people. These covered employers should always give information about the CFRA and post provisions in a place where they can find them. However, there are some leave requirements that must first be met:

  • To be eligible, an employee must have had the 12 months of service needed as a requirement.
  • Any eligible employee can take unpaid leave to bond with an adopted or foster child. They can also use it to bond with a newborn.
  • They may take unpaid leave to care for a parent, spouse, or child with a serious health condition or your own health condition.
  • In some cases, an employer may require a 30-day advance notice. However, this may not apply to emergency situations. A notice can be written and should include the timing and anticipated duration of the leave.

Do I Have Salary and Benefits During CFRA Leave? Here is What You Need to Know:  

  • Employers are not required to pay employees during their leave. If there is a serious health condition as cause, then they may be able to use sick time.
  • If an employer provides health benefits under a group plan, the employer must continue to make these benefits available during the leave.

Furthermore, you have return rights back to your job after CFRA leave is up! You are guaranteed a return to the same or comparable position and can request the guarantee in writing. If the same position is no longer available when you return, the employer must be able to offer you a position that is comparable in terms of pay, location, job content, and promotional opportunities. This is, of course, unless no comparable position exists. If you believe that your CFRA rights have been violated, then you can consider filing a complaint with DFEH.

If you feel like you are all out of options and aren't sure where to turn, you can contact an California Employment Attorney that you can trust. Call RAWA Law Group today for more information on how you can bring forth a claim that will guarantee you the rights you deserve. Find out more by calling now!

About the Author

Timothy J. Ryan

Personal injury attorney Timothy J. Ryan has helped California injury victims recover more than $1 Billion since 1981. A passionate consumer advocate, Tim is heavily involved in giving back to his local community via donations and volunteer work.


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