The California Family Rights Act (CFRA) ensures eligible employees in San Francisco who are facing qualifying conditions related to the arrival of a new family member receive job-protected leave. According to CFRA, qualifying employees can take up to twelve weeks of unpaid leave within a twelve-month timeframe without risking their employment status or the termination of their employer’s health plan.
As dictated by the language of the CFRA, it is unlawful for any employer falling under the jurisdiction of the California Family Rights Act to engage in discrimination, retaliation, harassment, or termination against any employee who elects to exercise their rights under the statute.
If you suspect that your rights under the California Family Rights Act (CFRA) have been infringed upon, the Law Office of Fahim Rahman stands prepared to champion your case in court and secure the compensation you rightfully deserve. CFRA violations are diligently addressed by California’s Civil Rights Department, emphasizing the gravity of such matters. Whether you’ve faced wrongful termination or discrimination due to exercising your lawful leave entitlement, having a seasoned employment discrimination attorney by your side is crucial.
Across California, our dedicated team of employment discrimination experts has been unwavering in their defense of employees who have been subjected to CFRA violations at the hands of their employers.
Qualifying Requirements for Employees Requesting Leave Under the California Family Rights Act
Employees who qualify for CFRA leave can take advantage of up to twelve weeks within a twelve-month timeframe for purposes such as welcoming a new family member or addressing serious health issues affecting a spouse, registered domestic partner, child, parent, or sibling.
According to the California Family Rights Act, qualifying employees in San Francisco are entitled to seek leave for purposes such as the birth or adoption of a new child, the introduction of a foster child into the family, the care of a family member coping with a physical or mental condition, or tending to the employee’s own serious health condition.
The CFRA allows for health conditions such as physical or mental ailments, injuries, or illnesses requiring inpatient care for a family member, incapacitation exceeding three consecutive days causing disruption of normal daily routines, 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 accessible under the CFRA for employees choosing family leave to support a qualifying family member undergoing treatment for a severe health issue or to bond with a new child.
Under the State Disability Insurance (SDI) program, employees are eligible for up to eight weeks of paid family leave payments while providing care for a spouse, child, registered domestic partner, or parent. Moreover, the SDI program includes provisions for paid leave for new parents following childbirth or adoption.
Does the CFRA Provide for Paid Family Leave?
Under specific criteria, eligible staff members in San Francisco are entitled to receive up to eight weeks of paid family leave through the State Disability Insurance (SDI) Program. This coverage extends to the retention of the employee’s corporate health insurance policy during absences related to childbirth or health conditions.
Not all employers are required to offer paid family leave or provide paid leave for childbirth or serious health conditions. Some employers may require employees to use sick time or vacation time for paid family leave. Once these paid leave options are depleted, unpaid job-protected leave may become applicable.
Every circumstance is unique in this regard, and employees should consult their specific employee handbook or human resources department for guidance on policies regarding paid family leave and unpaid job-protected leave. It’s essential to recognize that under the CFRA, any qualifying employer is legally obliged to grant unpaid leave upon request. Furthermore, employers must refrain from harassing, intimidating, or retaliating against any eligible employee exercising their right to take leave under the CFRA.
Understanding Your San Franciscan Rights Under the CFRA: Are You Eligible?
To be eligible for unpaid job-protected leave under the CFRA, employees in San Francisco must meet certain criteria. They have the right to request and use their allocated leave time if they have been employed by their current employer for a minimum of twelve months prior to the commencement of the protected leave period.
Moreover, employees must have worked a minimum of 1250 hours within those twelve months preceding the start of the protected leave period.
Covered Employers Subject to the California Family Rights Act
If you’re uncertain about your San Francisco employer’s obligation to comply with CFRA laws, it’s important to note that starting January 2021, all public employers, state government employers, and civil or political employers are required to follow California Family Rights Act regulations, providing eligible employees with unpaid family leave.
Private employers with at least five employees are also subject to the CFRA and are prohibited from denying eligible employees protected leave for purposes such as caring for an employee’s spouse, pregnancy disability leave, or attending to an ill child.
What Constitutes a CFRA Violation?
Similar to the Family Medical Leave Act, the CFRA prohibits employers from discriminating against employees who meet the eligibility requirements for protected leave. If an employee’s request for protected leave is denied by their boss or supervisor, they may have a discrimination case against the employer for being deprived of their rights under the law.
Employers are not permitted to hinder an employee from taking unpaid protected leave for a qualifying event. The employee must be granted their allotted time to address qualifying medical reasons concerning a family member or their own health condition.
If an employer discourages 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 encountered discrimination or retaliation for taking pregnancy disability leave or caring for a family member’s health condition, it’s essential to have a dedicated employment discrimination attorney by your side to safeguard your rights.
At the Law Office of Fahim Rahman, we focus on advocating for individuals against covered employers who have violated the California Family Rights Act, holding them accountable for their actions. With our team’s expertise, experience, and commitment, we work tirelessly to protect employees who have been unfairly treated by their employers.
Facing a CFRA violation in San Francisco can be a challenging and unsettling experience, especially if it results in the termination of your employment. You might feel bewildered and isolated, but rest assured, you’re not alone. Our employment discrimination attorneys are here to stand by you, listen to your story, and help you determine if legal action is warranted.
Don’t face this situation by yourself. While the CFRA provides clarity on what constitutes a violation, navigating state law can be complex, and it’s likely your employer has a team of experienced lawyers on their side.
We’re here to fight for your rights, securing the compensation you deserve and ensuring your legal protection. Contact the Law Office of Fahim Rahman today. Remember, there are time limits for filing a claim against your employer.
You don’t have to endure unfair treatment any longer. It’s time to assert yourself and fight back!