California Family Rights Act

What You Need To Know About California Family Rights Act/Federal Family And Medical Leave Act

California workers are protected under both the California Family Rights Act (“CFRA”) and the Federal Family and Medical Leave Act (“FMLA”). These acts provide you with certain rights, including time off from work for medical reasons without fear of discrimination or termination during your absence.

Both the CFRA and FMLA allow you to take up to 12 weeks off from work in a given calendar year for the following reasons:

• You Are Unable to Work Due to A Medical Condition
• You Need to Take Care of An Immediate Family Member Who Has a Serious Health Condition
• You Need Time Off for the Birth or Adoption of a Child

Employee Eligibility For FMLA/CFRA Leave:

There are specific criteria for an employee to be eligible for CRFA and/or FMLA. An employee must have worked for a covered employer for at least 12 months and must have worked for 1,250 hours in the 12 months before the start of the leave.

Additionally, under the FMLA, the employee must also work at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

Find out more about your rights under CFRA and FMLA by calling Anticouni & Ricotta at 805-699-5968, or send us an email to arrange a consultation.

FAQs About CFRA And FMLA

Below are answers to some common questions regarding your rights under the California Family Rights Act and the Federal Family and Medical Leave Act.

How do the new California employment laws affect CFRA or FMLA?

California is implementing significant enhancements to paid family leave benefits that complement CFRA leave. While CFRA and FMLA continue to provide job protection for up to 12 weeks of unpaid leave, the wage replacement benefits available through California’s Paid Family Leave (PFL) program will increase substantially. Workers earning less than $63,000 annually will receive up to 90% of their regular wages during leave (up from the current 60-70% rate), while those earning above that threshold will receive 70% of their wages.

This landmark benefit increase makes taking CFRA leave more financially feasible for many California workers, particularly those with lower incomes who previously could not afford to take unpaid or partially paid time off.

Can I use CFRA or FMLA leave intermittently?

Yes, both CFRA and FMLA allow for intermittent leave or a reduced work schedule when medically necessary. This means you can take leave in separate blocks of time or reduce your work hours per day or week.

If you need intermittent leave for the birth, adoption or foster placement of a child, it may be granted at the employer’s discretion under FMLA. However, under CFRA, you have the right to take intermittent leave for baby bonding in increments of at least two weeks, with the exception that you can take shorter leaves on two occasions.

What are my rights if my leave request is denied under CFRA or FMLA?

If your employer denies your request for CFRA or FMLA leave despite your eligibility, you have several options:

• Request the specific reason for denial in writing
• Provide additional documentation if the denial was based on insufficient medical certification
• File a complaint with the California Civil Rights Department (CRD) for CFRA violations
• File a complaint with the U.S. Department of Labor’s Wage and Hour Division for FMLA violations
• Consult with an employment attorney to evaluate potential legal action

An employer who wrongfully denied leave, interfered with your leave rights, or retaliated against you for requesting or taking leave may be liable for damages, including lost wages, benefits, emotional distress, and, in some cases, attorney’s fees and costs.