The California Family Rights Act (CFRA) is a state law that guarantees job-protected leave for eligible employees dealing with any qualifying requirements involving the addition of a new child to the family. Under the CFRA, an eligible employee is permitted up to twelve weeks of unpaid leave over a twelve-month period in which their employment and their employer’s health plan are unaffected and cannot be terminated.
As per the language stipulated by the CFRA, it is against the law for any employer subject to the California Family Rights Act to discriminate or retaliate against, harass, or terminate the employment of any employee who chooses to exercise their rights under the law.
If you believe a California Family Rights Act violation has been committed against you, the Law Office of Fahim Rahman is ready to defend your rights in a court of law and get you the compensation to which you are entitled. CFRA violations are taken very seriously by the Civil Rights Department of the State of California. If you have been wrongfully terminated or discriminated against because you took the leave to which you are rightfully permitted by law, you need an experienced employment discrimination attorney on your side.
Our team of employment discrimination experts has been defending employees who have been the victim of CFRA violations committed by employers in the State of California.
Qualifying Requirements for Employees Requesting Leave Under the California Family Rights Act
Employees who are eligible for CFRA leave may take the time needed – up to twelve weeks over a twelve-month period – to bring a new child into the family or other reasons related to serious health conditions of additional members of the family including a spouse or registered domestic partner, a child, a parent, or sibling.
Under the California Family Rights Act, qualifying employees may request leave for the birth or adoption of a new child, or welcoming a foster child into the family, to care for a family member dealing with a physical or mental condition, or to care for the employee’s own serious health condition.
The health conditions that are permitted under the CFRA can be a physical or mental condition, injury or illness if the family member requires inpatient care, has incapacitated the family member for a span of more than three consecutive days resulting in an absence or disruption of normal daily routines, requires surgery to repair an injury that has disfigured the family member, or the family member has been diagnosed with an incurable health condition that requires long-term care.
State Disability Insurance (SDI) Program
Under the CFRA, temporary disability insurance is available for employees who elect to take family leave for the purposes of providing care for a qualifying family member undergoing treatment for a serious health issue or bonding with a new child.
As part of the State Disability Insurance (SDI) program, an employee may claim up to eight weeks of paid family leave payments while caring for a spouse, child, registered domestic partner, or a parent. The SDI program also covers paid leave for a new parent who has just given birth or adopted a new child.
Does the CFRA Provide for Paid Family Leave?
Eligible employees may be given up to eight weeks of paid family leave under qualifying circumstances as part of the State Disability Insurance (SDI) Program. Paid family leave for a birth or health condition also includes maintaining the employee’s company health insurance policy.
Not all employers will offer paid family leave nor are they mandated to offer paid leave for a birth or serious health condition. In some instances, the employer may insist the employee use sick time or vacation time for paid family leave and, once that time has run out, the unpaid job protected leave would kick in.
Every situation is different in this regard and employees should refer to their particular employee handbook or human resources department when in doubt about the policies of paid family leave and unpaid job protected leave. But remember, any qualifying employer under the CFRA may not legally deny unpaid leave when requested and must not harass, intimidate, or retaliate against any eligible employee who has the right to take leave under the CFRA.
Understanding Your Rights Under the CFRA: Are You Eligible?
Employees who are eligible for unpaid job-protected leave must meet certain criteria to qualify for protections under the CFRA. Any employee has the right to request and use their allotted leave time as long as the employee has worked for their current employer for a minimum of twelve months prior to the start of the protected leave period.
In addition, the employee must have logged a minimum of 1250 working hours inside of those twelve months prior to the start of the protected leave period.
Covered Employers Subject to the California Family Rights Act
Are you unsure if your employer is subject to CFRA laws? As of January 2021, all public employers, state government employers, and civil or political employers must comply with California Family Rights Act laws in providing eligible employees with unpaid family leave.
Private employers with at least five employees are bound by the CFRA and may not deny eligible employees protected leave to care 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 prevents employers from discriminating against employees who meet the eligibility requirements to qualify for protected leave. Any employee unable to take protected leave because their request has been denied by a boss or supervisor may have a case for discrimination against that employer because they were denied their rights under the law.
Employers are not allowed to prevent an employee from taking unpaid protected leave for a qualifying event. The employee must be given their permitted time for tending to qualifying medical reasons pertaining to a family member or for a personal health condition.
If the employer tries to convince the employee not to take unpaid leave or retaliates against the employee for taking protected leave by demoting them from their current position to a lower position that pays less or terminates the employee, that would be a violation of CFRA laws.
Any employer who discriminates against an eligible employee by reducing their responsibilities, excluding them from meetings, gatherings, or opportunities, for taking protected leave, that would be a violation of CFRA laws.
Any employer who harasses an eligible employee at their place of employment and encourages colleagues and other employees to do the same by ridiculing or otherwise infringing on the employee’s civil rights in any capacity, that would be a violation of CFRA laws.
Protect Your Rights Under the CFRA
If you believe you have been discriminated or retaliated against for taking pregnancy disability leave or tending to the health condition of one of your family members, you need to get a dedicated employment discrimination attorney on your side to help protect your rights.
The Law Office of Fahim Rahman has been fighting covered employers who have violated the California Family Rights Act and holding them accountable. Our team has the skills, experience, and knowledge to protect employees who have been treated unfairly by employers.
Being the victim of a CFRA violation can be a difficult and frightening situation, especially when it has resulted in the termination of your employment. You may feel confused and all alone but you are not alone. Our employment discrimination attorneys are on your side, ready to listen to your situation and help you determine if you have a case.
Don’t go it alone. The CFRA is clear as to what constitutes a violation but the state law can be complex and you can be sure your employer has many highly-skilled lawyers on their side.
We’re ready to fight for you, to get you the compensation you deserve, and ensure that you are protected under the law. Give the Law Office of Fahim Rahman a call today. The law limits the time you have to file a claim against your employer.
You don’t have to be a victim any longer. It’s time to fight back!