Family Medical Leave Attorneys in Burbank
Legal Representation to Get You the Care You Need
What is the California Family Rights Act?
The California Family Rights Act is a California law that provides eligible workers working for covered employers to take up to 12-weeks of unpaid leave without losing their job, being demoted, or being retaliated against. This law is very similar to the federal Family Medical Leave Act but offers additional protections to California employees.
Are all California employers required to give employees leave under the California Family Rights Act?
No, not all employers are subject to the California Family Rights Act. Like the Family Medical Leave Act, if your employer directly employs 50 or more persons to perform services for a salary or wage, within 75-miles, then it is a “covered employer” and is subject to the California Family Rights Act. The coverage threshold is reached under the California Family Rights Act if an employer has employed 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year. If your employer does not have 50 or more employers within 75 miles, then it is not a “covered employer” and is not required to give the 12-week California Family Rights Act leave. Each situation is unique, so contact the medical leave attorneys in Burbank at the Akopyan Law Firm to schedule a complimentary case evaluation.
How do I know if I am eligible for California Family Rights Act leave?
You are eligible for leave under the Family Medical Leave Act or California Family Rights Act if you meet all of the following criteria:
- You have worked for your employer for at least for 12 months as of the date leave commences
- You have worked at least 1250 hours during the 12-month period immediately before the commencement of your leave
- You are employed at a worksite where the employer employs at least 50 employees within 75 miles
Each situation is unique and you should contact an attorney to discuss your specific situation. The Akopyan Law Firm provides complimentary case evaluations.
For what reasons can I take a California Family Rights Act leave of absence? Will it cover my wedding and honeymoon?
No, the California Family Rights Act does not cover such leaves of absence.
You can take a leave of absence under the California Family Rights Act for the following conditions:
- A serious health condition for yourself
- A serious health condition of a child, spouse, registered domestic partner or parent
- The birth of a son or daughter
- The adoption and placement of a son or daughter for foster care
You cannot take it for your wedding, honeymoon, or vacation.
What kinds of health conditions are serious enough to qualify for California Family Rights Act protected leave?
A “serious health condition” under the California Family Rights Act is a sickness, injury, physical or mental condition, or impairment of an employee or his/her child, parent, or spouse. The condition must involve either inpatient care or continuing treatment, such as substance abuse treatment. Pregnancy is not covered under the California Family Rights Act, but pregnancy, childbirth, and related medical conditions are covered under California’s Pregnancy Disability Leave Law.
Can my employer force me to work a different job or a different shift to avoid giving me my California Family Rights Act leave of absence?
No. The California Family Rights Act leave is available if you are unable to perform your present job due to a serious health condition, even if you are able to perform a different job or a similar job for a different employer.
I just gave birth and my pregnancy leave finished, can I now take California Family Rights Act leave to stay home with my newborn?
Yes, assuming you are a “covered employee” working for a California Family Rights Act “covered employer,” you are entitled to California Family Rights Act leave of absence because of the birth of your child. Contact our employment law attorneys in Burbank to discuss your specific situation.
How long of a leave of absence do I get under the California Family Rights Act?
Generally, the California Family Rights Act provides a maximum of 12 weeks of leave in a 12-month period.
Does my employer have to pay me during my California Family Rights Act leave?
No. The California Family Rights Act leave is unpaid. However, your employer cannot fire you while you are on California Family Rights Act leave.
Do I need to specifically request that my employer put me on California Family Rights Act leave?
No, there are no magic words or requirements that you specifically request that your employer put you on a California Family Rights Act leave of absence. It is the employer’s duty to designate your leave of absence properly.
How much notice do I need to give my employer before taking a California Family Rights Act leave of absence?
Generally, if your leave is foreseeable, you should give your employer at least 30 days’ notice, or reasonable notice of taking the California Family Rights Act leave of absence. However, there are times such as an unforeseeable medical emergency where there is no time to give notice. In those situations, you should provide notice to your employer as soon as practicable under the circumstances.
Can my employer demand that I bring in a doctor’s note if I want to take a California Family Rights Act leave?
Generally, yes. If you are taking an unpaid leave due to your own serious health condition or that of a family member, your employer can ask for medical certification from you.
The employment law attorneys in Burbank at the Akopyan Law Firm can answer any other questions you have about family medical leave. Call us today at (818) 509-9975.