In this blog post, we’ll explore the landscape of family and medical leave in California, highlighting the similarities and differences between the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA).
Federal Family and Medical Leave Act (FMLA):
- Applicability: The FMLA generally applies to private-sector employers who meet certain criteria, including having 50 or more employees within a 75-mile radius of the worksite.
- Employee Eligibility: Employees are eligible for FMLA leave if they have worked for the employer for at least 12 months, have accumulated at least 1,250 hours of service in the previous 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
- Leave Entitlement: FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific qualifying reasons, such as the birth or adoption of a child, a serious health condition, or the care of a covered family member with a serious health condition.
California Family Rights Act
- Applicability: In California, the CFRA serves as the state equivalent to FMLA. However, it applies to a broader range of employers. CFRA covers employers with five or more employees.
- Employee Eligibility: Employees are eligible for CFRA leave if they have worked for the employer for at least 12 months and have worked at least 1,250 hours in the previous 12 months.
- Leave Entitlement: Similar to the FMLA, the CFRA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying reasons.
Seeking Guidance and Understanding Rights
Navigating family and medical leave in California involves a careful consideration of both federal and state laws. It is also important to review and analyze the facts of each specific situation. While FMLA sets the standard on a national level, CFRA provides additional coverage and protections within the state.
Employers and employees should familiarize themselves with these laws, seek legal counsel when necessary, and create a workplace environment that respects and upholds the rights of individuals when it comes to family and medical leave.
Of course, the best way to analyze these issues is with the help of an experienced employment lawyer.
Akopyan Law Firm, A.P.C. – The Experienced Employment Law Attorneys Serving Southern California
Akopyan Law Firm, A.P.C. serves clients across Southern California, including Los Angeles, Orange, Riverside, San Bernardino, and Ventura. Please view our testimonials and case results. If you are involved in a dispute involving family and medical leave in California, our experienced employment lawyers stand ready to help.