The Family Medical Leave Act (FMLA) is a federal law which provides up to 12 weeks per year of protected (can’t be retaliated against because of it and must be returned to the same or equivalent position, pay, etc.) to some employees. California has an equivalent law called the California Family Rights Act (CFRA.)
To qualify for FMLA/CFRA leave, the employer must have at least 50 employees within a 75 mile radius of the employee’s workplace.
In addition, the employee must have been employed by the employer for at least 12 months and must have worked at least 1250 hours within the past 12 months of the request for FMLA/CFRA leave.
The employee may use eligible FMLA/CFRA leave to care for his/her own medical condition, that of a spouse, or child. The employee must get a physician to complete the proper forms. Employers should make the forms available to the employee.
The employee may use the up to 12 weeks of FMLA/CFRA leave intermittently or all at once and the employer may require the employee to use any earned and unused vacation, PTO or sick leave during leave.
FMLA/CFRA leave is unpaid unless the employer provides insurance policy benefits which may provide full or partial pay or unless the employee qualifies for partial paid leave through the EDD if he/she has paid into the system.
It is unlawful for an employer to fire, lay off, demote, etc. the employee BECAUSE of the FMLA leave or the FMLA/CFRA leave request. However, if termination of employment, demotion, etc. occur and are not BECAUSE of the employee’s FMLA/CFRA leave or request, such action is not unlawful as long as it does not violate any other right of the employee such as unlawful discrimination (see separate blog on this issue), etc.
If you are an employer with issues regarding FMLA/CFRA or other leaves of absences of an employee or if you are an employee with medical leave issues, call Law Office of Kristine S. Karila to discuss. (949) 481-6909.
Copyright 2015 Law Office of Kristine S. Karila, Specializing in California Labor and Employment Law.
To qualify for FMLA/CFRA leave, the employer must have at least 50 employees within a 75 mile radius of the employee’s workplace.
In addition, the employee must have been employed by the employer for at least 12 months and must have worked at least 1250 hours within the past 12 months of the request for FMLA/CFRA leave.
The employee may use eligible FMLA/CFRA leave to care for his/her own medical condition, that of a spouse, or child. The employee must get a physician to complete the proper forms. Employers should make the forms available to the employee.
The employee may use the up to 12 weeks of FMLA/CFRA leave intermittently or all at once and the employer may require the employee to use any earned and unused vacation, PTO or sick leave during leave.
FMLA/CFRA leave is unpaid unless the employer provides insurance policy benefits which may provide full or partial pay or unless the employee qualifies for partial paid leave through the EDD if he/she has paid into the system.
It is unlawful for an employer to fire, lay off, demote, etc. the employee BECAUSE of the FMLA leave or the FMLA/CFRA leave request. However, if termination of employment, demotion, etc. occur and are not BECAUSE of the employee’s FMLA/CFRA leave or request, such action is not unlawful as long as it does not violate any other right of the employee such as unlawful discrimination (see separate blog on this issue), etc.
If you are an employer with issues regarding FMLA/CFRA or other leaves of absences of an employee or if you are an employee with medical leave issues, call Law Office of Kristine S. Karila to discuss. (949) 481-6909.
Copyright 2015 Law Office of Kristine S. Karila, Specializing in California Labor and Employment Law.
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