CFRA Leave – A Guide to the California Family Rights Act
The CFRA allows employees who are eligible to take up to 12 weeks of unpaid leave each year for specified events that meet the requirements. The payments are about 60% to 70% of your weekly wages earned 5 to 18 months before your claim start date.
But what will happen if your employer rejects your valid requests for family leave? Should they be held accountable for violating labor laws? Understanding the California Family Rights Act (CFRA) can be complicated. Employees and employers need to know their rights and duties.
CFRA employment lawyer Emanuel Shirazi emphasizes the importance of having the right knowledge about this act to guarantee that employees and employers in California are fully aware of their entitlements and responsibilities.
Whether you’re facing a personal health issue, welcoming a new family member, or caring for a loved one, this guide will help you understand how to handle CFRA.
Eligibility for CFRA Leave
If you work for a covered employer in California, you may be eligible for CFRA leave. To qualify, you must have worked for your employer for at least 12 months, accumulating a minimum of 1,250 hours. Covered employers include businesses with 50 or more employees within a 75-mile radius. As an eligible employee, you can take CFRA leave for various reasons, such as bonding with a new child, caring for a family member with a serious health condition, or addressing your health condition.
CFRA leave runs concurrently with Family and Medical Leave Act (FMLA) leave if you meet the requirements for both. This means 12 weeks of CFRA leave you take will count towards your FMLA entitlement.
CFRA leave is unpaid, but you may be able to use accrued paid leave during your CFRA leave to continue receiving income. Communicate with your employer and follow the procedures for a smooth CFRA leave approval process.
Reasons for Taking CFRA Leave
Let’s explore the reasons you can take CFRA leave to understand the California Family Rights Act (CFRA) and how it benefits you. CFRA leave can be taken for a variety of family-related reasons.
You can take CFRA leave to bond with a new child, whether through birth, adoption, or foster care placement. This time allows you to make a connection with your new family member.
CFRA leave can be used to care for a family member with a serious health condition. This includes providing physical or psychological care, attending medical appointments, or managing treatment schedules.
If you have a serious health condition preventing you from performing your duties, you’re eligible for CFRA leave to focus on your recovery without losing your job. Understanding these reasons can help you make informed decisions about utilizing CFRA leave when needed.
Duration of CFRA Leave
The duration of CFRA leave varies depending on specific circumstances and the reasons for which you’re taking leave. If the leave is due to the serious health condition of yourself, a child, parent, or spouse, or for bonding with a new child, the 12 work weeks can be utilized.
In cases where both parents work for the same employer, the total combined leave for bonding with a new child is capped at 12 work weeks. If you take a leave to care for a family member who’s a covered service member with a serious injury or illness, you may be entitled to up to 26 work weeks of leave during a single 12-month period. The duration of CFRA leave provides flexibility while making sure employees can balance work and family responsibilities effectively.
Job Protections During CFRA Leave
When you take CFRA leave for qualifying reasons, such as to bond with a new child or care for a seriously ill family member, your employer must guarantee that you’ll have a job waiting for you when you return.
Your employer can’t terminate your employment or retaliate against you for taking CFRA leave. Your job is protected during CFRA leave but your employer isn’t required to provide you with the same position upon your return. Yet, they must reinstate you to an equivalent position in terms of pay, benefits, job duties, and other important aspects.
If you have any concerns about your job protections during CFRA leave, it’s advisable to consult with an employment law attorney to make sure your rights are upheld.
Requesting CFRA Leave
Follow your company’s specific procedures for requesting leave, which may involve submitting a formal written request outlining the dates you plan to be absent and the reason for your leave. Provide this request in advance, whenever possible, to allow your employer ample time to prepare for your absence and make any necessary arrangements to cover your responsibilities.
If you have any doubts about how to proceed or what is needed to apply for CFRA leave, contact your HR department for assistance. They can provide the necessary forms and information to facilitate a smooth leave request. Being proactive and clear in your communication will help guarantee that your request is handled efficiently and according to the standards of the CFRA.
Conclusion
CFRA leave provides eligible employees in California with job-protected leave for various family and medical reasons. Communicate with your employer and follow proper procedures when requesting CFRA leave for a smooth and seamless experience.
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