The California Family Rights Act (CFRA) is a state law providing eligible employees with job-protected leave when encountering qualifying circumstances related to the introduction of a new family member. CFRA allows eligible employees in Los Angeles to take up to twelve weeks of unpaid leave within a twelve-month period, ensuring their employment and employer-provided health plan remain unaffected and cannot be terminated.
According to the CFRA’s stipulations, it is illegal for any employer covered by the California Family Rights Act to discriminate, retaliate, harass, or terminate the employment of any employee who decides to assert their rights as provided by the law.
If you suspect that your rights under the California Family Rights Act (CFRA) have been violated, count on the Law Office of Fahim Rahman to vigorously defend your case in court and secure the compensation you’re owed. The state’s Civil Rights Department takes CFRA violations seriously, underscoring the importance of seeking justice. Whether you’ve endured wrongful termination or discrimination for exercising your lawful leave rights, having an experienced employment discrimination attorney in your corner is paramount.
Operating within California, our seasoned group of employment discrimination professionals has remained steadfast in championing the rights of employees who have been impacted by CFRA violations perpetrated by their employers.
Qualifying Requirements for Employees Requesting Leave Under the California Family Rights Act
Workers eligible for CFRA leave have the opportunity to utilize up to twelve weeks over a twelve-month span for reasons like bonding with a new family addition or addressing the serious health needs of a spouse, registered domestic partner, child, parent, or sibling.
Within the parameters of the California Family Rights Act, eligible employees in Los Angeles may seek leave for multiple reasons, including the arrival or adoption of a new child, the addition of a foster child to the family, the care of a family member facing a physical or mental condition, or addressing the employee’s own serious health condition.
Under the CFRA, eligible health conditions include physical or mental ailments, injuries, or illnesses requiring inpatient care for a family member, incapacitation lasting beyond three consecutive days leading to disruption of normal daily activities, surgery to correct disfiguring injuries, or the diagnosis of an incurable health condition necessitating long-term care.
State Disability Insurance (SDI) Program
Under the California Family Rights Act (CFRA), employees can utilize temporary disability insurance while taking family leave to care for a qualifying family member receiving treatment for a serious health condition or to bond with a newborn.
As part of the State Disability Insurance (SDI) program, employees can claim up to eight weeks of paid family leave payments while tending to a spouse, child, registered domestic partner, or parent. Furthermore, the SDI program encompasses paid leave for new parents who have welcomed a child through birth or adoption.
Does the CFRA Provide for Paid Family Leave?
Employees in Los Angeles who have met certain requirements may receive up to eight weeks of paid family leave courtesy of the State Disability Insurance (SDI) Program. This encompasses the continuation of the employee’s corporate health insurance plan while on leave for reasons such as childbirth or health matters.
Employers are not universally mandated to provide paid family leave or paid leave for situations such as childbirth or serious health conditions. In certain cases, employers may mandate the use of sick time or vacation time for paid family leave. Once these paid leave allowances are exhausted, unpaid job-protected leave may be implemented.
The policies surrounding paid family leave and unpaid job-protected leave can vary, so employees should refer to their individual employee handbook or human resources department for clarification. It’s crucial to understand that under the CFRA, any qualifying employer must legally approve unpaid leave requests. Additionally, employers are prohibited from harassing, intimidating, or retaliating against eligible employees who exercise their right to take leave under the CFRA.
Understanding Your Rights Under the CFRA: Are You Eligible?
Employees in Los Angeles who are seeking unpaid job-protected leave under the CFRA must satisfy specific conditions to qualify for protections. Any employee can request and utilize their designated leave time if they have been employed by their current employer for at least twelve months before the start of the protected leave period.
Additionally, the employee must have completed a minimum of 1250 working hours within those twelve months leading up to the commencement of the protected leave period.
Covered Employers Subject to the California Family Rights Act
If you’re unsure whether your employer in Los Angeles falls under CFRA regulations, it’s essential to know that effective January 2021, all public employers, state government employers, and civil or political employers must adhere to California Family Rights Act laws, offering eligible employees unpaid family leave.
Private employers with a minimum of five employees are likewise bound by the CFRA and cannot refuse eligible employees protected leave for reasons like caring for an employee’s spouse, pregnancy disability leave, or caring for an ill child.
What Constitutes a CFRA Violation?
Much like the Family Medical Leave Act, the CFRA bars employers from discriminating against eligible employees seeking protected leave. Should an employee’s request for protected leave be refused by their boss or supervisor, they might have a case for discrimination against the employer for being denied their legal rights.
Employers are forbidden from impeding an employee’s ability to take unpaid protected leave for a qualifying event. Employees are entitled to their allocated 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 vital to seek the assistance of a dedicated employment discrimination attorney to protect 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 treated unfairly by their employers.
Dealing with a CFRA violation in Los Angeles can be overwhelming, especially if it leads to job loss. You may feel confused and isolated, but remember, you have support. Our team of employment discrimination attorneys is here to listen to your concerns and assess whether you have grounds for legal action.
You don’t have to tackle this alone. While the CFRA offers guidance on violations, state laws can be intricate, and your employer may have legal resources at their disposal.
We’re fully prepared to advocate for your rights, securing the compensation you deserve and ensuring your legal protection. Reach out to the Law Office of Fahim Rahman today. Keep in mind, there are time limits for filing a claim against your employer.
You don’t have to tolerate unjust actions any longer. It’s time to stand up and fight back!