Employees in California have robust employment rights that their employers must comply with. Many people are aware that the federal government has the Family and Medical Leave Act (FMLA), but some may not know that California employees also have the California Family Rights Act (CFRA).
The CFRA operates alongside the FMLA but has its own protections and requirements, including having worked for the employer for at least 12 months and having worked at least a certain number of hours during the previous year. Employers who have at least five employees have to comply with the CFRA, which allows up to 12 workweeks of unpaid leave in a 12-month period. Employees can’t lose their jobs just because they take time off under the CFRA.
Why is the CFRA important?
While CFRA closely mimics federal law, there are some distinctions. The CFRA has a broader definition of who qualifies as a family member than that listed in the FMLA. Employers must also continue group health benefits under the same terms as the employee had while they were actively working.
As part of their CFRA leave, employees may have to provide medical certification to support the need for the leave. Confidentiality must be maintained by the employer if they request reasonable documentation because the documents will likely include sensitive medical information about the employee.
CFRA is designed to help balance family responsibilities and personal healthcare with employment stability. Unfortunately, employers don’t always handle CFRA cases properly. Employees may take legal action if they realize that their rights under CRFA aren’t being upheld by their employer.