California employees have important rights when it comes to taking time off for family or medical reasons. The federal Family and Medical Leave Act (FMLA) and California’s state-specific leave laws provide protections that allow eligible employees to take unpaid, job-protected leave without fear of losing their position. Our FMLA retaliation lawyer in Los Angeles can help walk you through the legal process. Call us today.
Federal FMLA Basics
The federal FMLA provides eligible employees with up to 12 weeks of unpaid leave within a 12-month period for specific reasons, including:
- Caring for a newborn or newly adopted child.
- Caring for a spouse, child, or parent with a serious health condition.
- Recovering from the employee’s own serious health condition.
- Addressing certain family needs when a spouse, child, or parent is on active military duty.
To qualify, employees must have worked for their employer for at least 12 months, completed at least 1,250 hours during the prior year, and be employed at a worksite with 50 or more employees within a 75-mile radius. While the leave is unpaid, the law ensures job protection, meaning employees can return to the same or an equivalent position once the leave ends.
California Family Rights Act (CFRA)
California has its own version of the FMLA, known as the California Family Rights Act (CFRA). The CFRA provides many of the same rights as the federal FMLA but with broader protections. Key differences include:
- Coverage applies to employers with 5 or more employees, compared to the FMLA’s threshold of 50.
- CFRA allows leave to care for additional family members, including siblings, grandparents, grandchildren, and domestic partners.
- CFRA provides 12 weeks of leave in a 12-month period, separate from pregnancy disability leave.
Because CFRA applies to more employers and includes a wider range of family relationships, many employees in California are eligible for family and medical leave even if they do not qualify under federal law.
Pregnancy Disability Leave (PDL)
In addition to FMLA and CFRA protections, California law provides Pregnancy Disability Leave (PDL). This law allows up to four months of leave for employees who are disabled due to pregnancy, childbirth, or related medical conditions. Importantly, this leave is separate from CFRA leave. Employees may take PDL for pregnancy and then still use up to 12 weeks of CFRA leave to bond with their new child.
Paid Family Leave (PFL)
While both FMLA and CFRA provide unpaid leave, California offers Paid Family Leave (PFL) benefits through the state’s disability insurance program. PFL provides partial wage replacement for up to eight weeks for employees who take time off to care for a seriously ill family member or bond with a new child. PFL does not guarantee job protection, but employees can combine it with CFRA or FMLA leave to ensure both income support and job security.
Employer Obligations Under California’s FMLA Laws
Employers in California must comply with FMLA, CFRA, and state-specific leave laws. Employer obligations include:
- Informing employees of their rights under federal and state leave laws.
- Maintaining health insurance benefits during leave on the same terms as active employment.
- Allowing employees to return to the same or a comparable position after leave.
- Refraining from retaliation against employees who take protected leave.
If an employer fails to follow these guidelines an employee has the right to hold them liable which can result in recovering damages for lost wages and reinstatement. Reach out to our employment attorney in LA to discuss your case.