Employees in California sometimes need to take time off of work to take care of their own health or the health of a family member. It’s not always possible to fit these needs into regularly scheduled days off or days that can be covered by sick leave or paid time off.
The federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) are two laws that let employees take unpaid time off if they have a qualifying situation for a covered individual.
The FMLA and CFRA share some similarities in the protections they offer to workers. Both laws provide employees with up to 12 weeks of unpaid leave as long as they meet specific requirements and have a qualifying condition. They also offer job protection so the worker will be able to return to their job when they come back to work.
FMLA specifics
The FMLA provides workers who have worked 1,250 hours with an employer in a 12-month period leave for specific reasons. Some qualifying reasons for FMLA include:
- A medical condition, including pregnancy, that leaves an employee unable to work
- Illness or injury of an immediate family member
- Birth, foster care placement or adoption of a child
- Military member leave for certain situations
The employer must have at least 50 employees within a 75-mile radius in order for FMLA leave to be required.
CFRA guidelines
The CFRA largely mimics FMLA, but there are a few specific distinctions that employees should know about. CFRA offers protections for domestic partners, which isn’t something that FMLA offers. More employers are required to provide leave under the CRFA because all employers who have at least five employees must comply.
While FMLA provides coverage for a pregnant employee, CFRA doesn’t provide that. Instead, the employee can use California’s Pregnancy Disability Leave while pregnant and then transition over to CFRA coverage after the baby is born to allow time for bonding.
Employees should remember that they are entitled to leave under these laws as long as they meet the requirements. Employers aren’t allowed to retaliate against employees who take leave. Any employee who has problems getting the leave or after they return to work can benefit from legal guidance to help them protect their rights.