The California Rights Act, or CFRA, is an employment law in California that provides eligibility for 12 weeks of job-protected leave for family or specific medical situations. This form of leave can be extremely beneficial for eligible employees, as it is a guaranteed time off to address important family or personal matters without the fear of losing their jobs. In this blog, we will be going over the specifics behind the California Family Rights Act, including eligibility, and types of leave covered, so both employees and employers understand the significance of this act.
California Family Rights Act Background
The California Family Rights Act was created in 1991 to address the need for job protection during significant family and medical events in California. Additionally, it was introduced to provide state-level benefits that expand further than the federal guidelines. The Act has gone through several updates over the years such as expansions in the definition of family members, increases in eligibility criteria, and adjustments to the benefits provided.
Who Qualifies for CFRA Leave?
CFRA provides job-protected leave to both full and part-time employees, differing from other leave laws. Here are the requirements employees must meet to be eligible:
- Length of Employment: The employee must have been employed by the same employer for at least 12 months prior to the start of the leave.
- Hours Worked: The employee must have worked at least 1,250 hours during the 12 months before the leave.
- Employer Size and Location: The employer must have at least 5 employees and must employ at least 5 employees within a 75-mile radius.
Situations That Qualify for CFRA Leave
- Birth, Adoption, or Foster Care Placement of a Child: Employees can take CFRA leave for the placement of a new child into their family. This allows them to bond with their new child and focus strictly on the child for some time.
- Care for a Seriously Ill Family Member: Employees can take CFRA leave to care for a family member with a serious health condition.
- Employee’s Own Serious Health Condition: Employees can take CFRA leave for their own serious health condition that prevents them from performing their job properly. This allows the employee to take time to recover without the risk of losing their job.
Employee Rights and Responsibilities Under CFRA
The California Family Rights Act grants employees specific rights and responsibilities that are designed to help balance their need for leave with requirements from their employers:
Employee Rights:
- Job Protection: Employees who take CFRA leave are entitled to return to the same position they held before the leave or to a comparable position with equal pay, benefits, and working conditions.
- Continuation of Health Benefits: Employers are required to maintain the employee’s health insurance coverage under the same terms as if the employee were still working. Employees will continue to receive their health benefits, including medical, dental, and vision coverage, while on CFRA leave.
Employee Responsibilities:
- Notice Requirements: Employees are required to provide their employer with sufficient notice before taking their leave. When the need for leave is foreseeable, employees should provide at least 30 days’ notice. If the leave is unforeseeable, such as in cases of a medical emergency, employees should notify their employer as soon as they can
- Providing Medical Certification if Requested: Employers have the right to request medical certification to verify the need for CFRA leave due to a serious health condition, either for the employee or a covered family member. The certification must be completed by a healthcare provider and should contain all important details.
Need Help Applying for CFRA?
It is important for both employees and employers to understand the California Family Rights Act. This act ensures employees can take necessary time off without fear of losing their job, while employers maintain a supportive work environment. By knowing the rights and responsibilities under CFRA, both parties can navigate leave requests smoothly and effectively.
If you need assistance with understanding or applying CFRA, do not hesitate to contact a lawyer. They can offer expert advice on CFRA-related issues, help resolve disputes, and ensure that your rights are protected. For more information or assistance with CFRA, please contact Jackman Law.