The California Family Rights Act (CFRA) mandates job protection for eligible employees facing qualifying circumstances surrounding the addition of a new family member. CFRA permits eligible employees in San Diego to take up to twelve weeks of unpaid leave within a twelve-month duration, safeguarding their employment status and the stability of their employer’s health plan from termination.
In compliance with the CFRA, it is impermissible for any employer subject to the California Family Rights Act to discriminate, retaliate, harass, or terminate the employment of any employee who opts to exercise their rights under the law.
If you suspect that your rights under the California Family Rights Act (CFRA) have been violated, rest assured that the Law Office of Fahim Rahman is prepared to vigorously defend your case in court and secure the compensation you deserve. CFRA violations are taken seriously by California’s Civil Rights Department, highlighting the urgency of seeking recourse. Whether you’ve faced wrongful termination or discrimination for exercising your lawful leave rights, having an experienced employment discrimination attorney on your side is indispensable.
Across the landscape of California, our team of employment discrimination experts has persistently advocated for employees who have been victimized by CFRA violations committed by their employers.
Qualifying Requirements for Employees Requesting Leave Under the California Family Rights Act
Qualified employees under CFRA in San Diego have the option to take up to twelve weeks of leave within a twelve-month cycle for purposes including welcoming a new family member or addressing the serious health conditions of a spouse, registered domestic partner, child, parent, or sibling.
As outlined in the California Family Rights Act, eligible employees in San Diego may seek leave for a range of reasons, including the birth or adoption of a new child, the welcoming of a foster child into the family, caring for a family member with a physical or mental condition, or attending to the employee’s own serious health condition.
Within the CFRA guidelines, acceptable health conditions include physical or mental ailments, injuries, or illnesses requiring inpatient care for a family member, incapacitation lasting more than three consecutive days leading to a disruption of normal daily activities, surgery to address disfiguring injuries, or the diagnosis of an incurable health condition necessitating long-term care.
State Disability Insurance (SDI) Program
Temporary disability insurance is an option under the CFRA for employees who decide to take family leave to provide care for a qualifying family member undergoing treatment for a serious health issue or to bond with a new child.
Through the State Disability Insurance (SDI) program, employees have the opportunity to receive up to eight weeks of paid family leave payments when caring for a spouse, child, registered domestic partner, or parent. Moreover, the SDI program extends coverage for paid leave to new parents who have recently given birth or adopted a child.
Does the CFRA Provide for Paid Family Leave?
Under qualifying conditions, eligible employees in San Diego are entitled to receive up to eight weeks of paid family leave as part of the State Disability Insurance (SDI) Program. Additionally, the employee’s corporate health insurance coverage is maintained during leave taken for reasons such as childbirth or health issues.
Not all employers are obligated to furnish paid family leave or paid leave for circumstances like childbirth or serious health conditions. Instead, certain employers may require the use of sick time or vacation time for paid family leave. Once these paid leave provisions are depleted, unpaid job-protected leave may be initiated.
The policies regarding paid family leave and unpaid job-protected leave can vary, so it’s advisable for employees to refer to their individual employee handbook or human resources department for clarification. It’s critical to understand that under the CFRA, any qualifying employer must legally provide unpaid leave upon request. Additionally, employers are prohibited from engaging in harassment, intimidation, or retaliation against eligible employees who exercise their right to take leave under the CFRA.
Understanding Your Orange Countian Rights Under the CFRA: Are You Eligible?
Employees eligible for unpaid job-protected leave in San Diego must meet specific criteria to qualify for CFRA protections. Any employee has the right to request and use their allocated leave time if they have been with their current employer for a minimum of twelve months prior to the start of the protected leave period.
Additionally, employees must have worked at least 1250 hours within those twelve months leading up to the start of the protected leave period.
Covered Employers Subject to the California Family Rights Act
If you’re unsure whether your employer in San Diego falls under CFRA regulations, it’s crucial to know that as of January 2021, all public employers, state government employers, and civil or political employers must comply with California Family Rights Act laws, providing eligible employees with unpaid family leave.
Private employers with a minimum of five employees are also subject to the CFRA and cannot deny eligible employees protected leave for reasons such as caring for an employee’s spouse, pregnancy disability leave, or tending to an ill child.
What Constitutes a CFRA Violation?
Similar to the Family Medical Leave Act, the CFRA prohibits employers from engaging in discrimination against employees who meet the eligibility criteria for protected leave. If an employee’s request for protected leave is declined by their employer or supervisor, they may have a basis for a discrimination claim against the employer for being denied their rights under the law.
Employers are forbidden from obstructing an employee’s ability to take unpaid protected leave for a qualifying situation. The employee must be provided with their allotted time to address qualifying medical concerns related to a family member or their own health condition.
If an employer attempts to dissuade an employee from taking unpaid leave or retaliates against them for taking protected leave by demoting them to a lower-paying position or terminating their employment, it would constitute a violation of CFRA laws.
Likewise, any employer that discriminates against an eligible employee by reducing their responsibilities or excluding them from meetings or opportunities due to taking protected leave would be in violation of CFRA laws.
Additionally, any employer who harasses an eligible employee at their workplace and encourages colleagues to do the same by ridiculing or infringing on the employee’s civil rights in any way would also be violating CFRA laws.
Protect Your Rights Under the CFRA
If you suspect you’ve faced discrimination or retaliation for taking pregnancy disability leave or tending to a family member’s health condition, it’s essential to seek the support of a dedicated employment discrimination attorney to safeguard your rights.
The Law Office of Fahim Rahman specializes in representing individuals against covered employers who have violated the California Family Rights Act. With our team’s expertise, experience, and dedication, we strive to protect employees who have been unfairly treated by their employers.
Experiencing a CFRA violation in San Diego, especially if it leads to job termination, can be daunting and unsettling. You might feel confused and isolated, but remember, you’re not alone in this. Our team of employment discrimination attorneys is here to provide support, listen to your story, and help you determine if legal action is necessary.
Don’t navigate this situation solo. While the CFRA provides clarity on violations, state laws can be complex, and your employer may have a team of skilled lawyers on their side.
We’re prepared to champion your cause, securing the compensation you’re entitled to and safeguarding your rights under the law. Reach out to the Law Office of Fahim Rahman without delay. Bear in mind, there’s a deadline for filing a claim against your employer.
You no longer have to tolerate unjust actions. It’s time to take a stand and seek justice!