Enacted in California, the Family Rights Act (CFRA) offers eligible employees assurance of retaining their jobs while handling qualifying situations linked to the arrival of a new family member. Under CFRA, eligible individuals in Orange County can take advantage of up to twelve weeks of unpaid leave over a twelve-month span without risking their employment status or the continuation of their employer’s health plan.
Under the language set forth by the CFRA, it is forbidden for any employer bound by the California Family Rights Act to engage in discrimination, retaliation, harassment, or termination of employment against any employee who exercises their rights under the statute.
Should you believe that your rights under the California Family Rights Act (CFRA) have been transgressed, trust the Law Office of Fahim Rahman to advocate tirelessly for you in court and ensure you receive the compensation you’re entitled to. The seriousness with which the state’s Civil Rights Department treats CFRA violations underscores the need for swift action. Whether you’ve suffered wrongful termination or discrimination for utilizing your lawful leave entitlement, having a skilled employment discrimination attorney by your side is essential.
Throughout California, our proficient team of employment discrimination specialists has remained resolute in their commitment to protecting employees who have suffered from CFRA violations perpetrated by their employers.
Qualifying Requirements for Employees Requesting Leave Under the California Family Rights Act
Under CFRA, employees meeting the criteria can take up to twelve weeks off within a twelve-month period to handle matters such as bonding with a new family member or tending to the serious health concerns of a spouse, registered domestic partner, child, parent, or sibling.
Under the provisions of the California Family Rights Act, qualifying employees in Orange County have the option to request leave for various purposes, such as the birth or adoption of a new child, the inclusion of a foster child in the family, caring for a family member with a physical or mental condition, or managing the employee’s own serious health condition.
Permissible health conditions under the CFRA encompass physical or mental ailments, injuries, or illnesses necessitating inpatient care for a family member, incapacitation extending beyond three consecutive days resulting in a disruption of normal daily routines, surgery to address disfiguring injuries, or the diagnosis of an incurable health condition requiring 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.
Employees enrolled in the State Disability Insurance (SDI) program have access to up to eight weeks of paid family leave payments for caring for a spouse, child, registered domestic partner, or parent. Additionally, the SDI program covers paid leave for new parents following childbirth or adoption.
Does the CFRA Provide for Paid Family Leave?
Qualified employees in Orange County may access up to eight weeks of paid family leave through the State Disability Insurance (SDI) Program under specific circumstances. This includes the provision for the employee’s company health insurance to remain active during periods of leave necessitated by childbirth or health conditions.
Paid family leave or paid leave for childbirth or serious health conditions is not mandated by all employers. Some employers may stipulate the utilization of sick time or vacation time for paid family leave. Subsequently, if these paid leave options are depleted, unpaid job-protected leave may come into effect.
In matters concerning paid family leave and unpaid job-protected leave, each case is unique, and employees should consult their respective employee handbook or human resources department for specific policies. It’s important to note that under the CFRA, any qualifying employer is required by law to grant unpaid leave when requested. Moreover, employers must not engage in harassment, intimidation, or retaliation against eligible employees exercising their right to take leave under the CFRA.
Understanding Your Orange Countian Rights Under the CFRA: Are You Eligible?
To qualify for unpaid job-protected leave under the CFRA, employees in Orange County must meet certain prerequisites. They have the right to request and use their allotted leave time if they have been employed by their current employer for a minimum of twelve months preceding the start of the protected leave period.
Furthermore, employees must have worked a minimum of 1250 hours within those twelve months preceding the initiation of the protected leave period.
Covered Employers Subject to the California Family Rights Act
In case of uncertainty regarding your Orange County employer’s compliance with CFRA laws, it’s noteworthy that starting January 2021, all public employers, state government employers, and civil or political employers are obligated to abide by California Family Rights Act regulations, ensuring eligible employees receive unpaid family leave.
Private employers with five or more employees are also mandated to adhere to the CFRA and cannot reject eligible employees’ requests for protected leave, including situations such as caring for an employee’s spouse, pregnancy disability leave, or caring for an ill child.
What Constitutes a CFRA Violation?
Just as the Family Medical Leave Act does, the CFRA bars employers from engaging in discrimination against employees who meet the eligibility requirements for protected leave. If an employee’s request for protected leave is turned down by their employer or supervisor, they may have grounds for a discrimination lawsuit against the employer for being denied their rights under the law.
Employers are prohibited from hindering an employee’s ability to take unpaid protected leave for a qualifying circumstance. The employee must be granted their designated time to address qualifying medical issues related to a family member or their own health condition.
If an employer tries to discourage 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 breach CFRA laws.
Similarly, any employer that discriminates against an eligible employee by diminishing their responsibilities or excluding them from meetings or opportunities because of taking protected leave would violate CFRA laws.
Moreover, any employer that harasses an eligible employee at their workplace and encourages colleagues to do so by mocking or infringing on the employee’s civil rights in any manner would also be infringing CFRA laws.
Protect Your Rights Under the CFRA
If you believe you’ve experienced discrimination or retaliation for taking pregnancy disability leave or caring for a family member’s health condition, it’s important to have a dedicated employment discrimination attorney on your side to defend your rights.
At the Law Office of Fahim Rahman, we are committed to fighting against covered employers who have violated the California Family Rights Act and holding them accountable. With our team’s skill, experience, and knowledge, we work tirelessly to protect employees who have been unfairly treated by their employers.
Facing a CFRA violation in Orange County, particularly if it results in job loss, can be overwhelming. You may feel lost and alone, but know that support is available. Our team of employment discrimination attorneys is here to offer guidance, listen to your concerns, and assess your legal options.
You don’t have to face this challenge alone. While the CFRA outlines violations, state laws can be intricate, and your employer may have legal representation.
We’re committed to fighting for your rights, obtaining the compensation you’re entitled to, and ensuring your legal protection. Call the Law Office of Fahim Rahman today. Remember, there’s a limited time frame for filing a claim against your employer.
You don’t have to continue facing unfair treatment. It’s time to assert your rights and take action!