The California Family Rights Act (CFRA) stands as a state statute ensuring job-protected leave for qualified employees in Silicon Valley who are facing circumstances related to the arrival of a new family member. According to CFRA provisions, eligible employees are entitled to take up to twelve weeks of unpaid leave within a twelve-month span without risking their employment status or their access to their employer’s health plan.
In accordance with the provisions outlined in the CFRA, it is prohibited by law for any employer governed by the California Family Rights Act to discriminate, retaliate, harass, or terminate the employment of any employee who opts to exercise their rights under the legislation.
If you suspect that you have been a victim of a violation under the California Family Rights Act, the Law Office of Fahim Rahman stands prepared to advocate for your rights in a court of law and secure the compensation you deserve. Instances of CFRA violations are treated with utmost seriousness by the Civil Rights Department of the State of California. If you have faced wrongful termination or discrimination due to exercising your lawful entitlement to leave, it is crucial to have a seasoned employment discrimination attorney by your side.
Within the confines of California, our cadre of employment discrimination specialists has consistently stood as staunch advocates for employees ensnared in CFRA violations perpetrated by their employers.
Qualifying Requirements for Employees Requesting Leave Under the California Family Rights Act
Eligible employees under CFRA may utilize up to twelve weeks of leave within a twelve-month period for various reasons, including the arrival of a new child or attending to serious health conditions affecting a spouse or registered domestic partner, child, parent, or sibling.
Under the California Family Rights Act, eligible employees in Silicon Valley have the right to request leave for various reasons, including the birth or adoption of a new child, welcoming 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.
Health conditions permissible under the CFRA encompass physical or mental ailments, injuries, or illnesses necessitating inpatient care for a family member, incapacitation lasting more than three consecutive days leading to disruption of normal daily activities, surgery to rectify disfiguring injuries, or a diagnosis of an incurable health condition necessitating long-term care.
State Disability Insurance (SDI) Program
The California Family Rights Act (CFRA) provides temporary disability insurance for employees opting for family leave to care for a qualifying family member receiving treatment for a severe health condition or for bonding with a newborn.
Through the State Disability Insurance (SDI) program, employees can receive up to eight weeks of paid family leave payments when caring for a spouse, child, registered domestic partner, or parent. Additionally, 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?
Qualified employees in Silicon Valley have the opportunity to receive up to eight weeks of compensated family leave through the State Disability Insurance (SDI) Program during eligible situations. This includes maintaining the individual’s company health insurance during periods of leave due to childbirth or health-related issues.
Not all employers are obligated to provide paid family leave for events like childbirth or serious health conditions. Instead, some may require employees to use sick or vacation time for paid family leave. Once these paid leave options are exhausted, unpaid job-protected leave may come into effect.
Each situation varies, and employees should consult their employee handbook or human resources department for clarity on policies regarding paid family leave and unpaid job-protected leave. It’s important to note that under the CFRA, any qualifying employer is legally prohibited from denying unpaid leave when requested. Moreover, employers must refrain from harassing, intimidating, or retaliating against any eligible employee exercising their right to take leave under the CFRA.
Understanding Your Rights Under the CFRA: Are You Eligible?
Employees eligible for unpaid job-protected leave in Silicon Valley must fulfill specific criteria to qualify for protections under the CFRA. Any employee has the entitlement to request and utilize their allocated leave time provided they have been employed by their current employer for at least twelve months before the commencement of the protected leave period.
Additionally, the employee must have accumulated a minimum of 1250 working 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 unsure whether your employer in Silicon Valley is subject to CFRA laws, it’s worth noting that as of January 2021, all public employers, state government employers, and civil or political employers are mandated to adhere to California Family Rights Act regulations, providing eligible employees with unpaid family leave.
Private employers with a minimum of five employees are also bound by 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?
Just like the Family Medical Leave Act, the CFRA prohibits employers from discriminating against employees who meet the eligibility criteria to qualify for protected leave. If an employee’s request for protected leave is denied by their boss or supervisor, they may have grounds for discrimination against the employer for being deprived of their rights under the law.
Employers are prohibited from obstructing an employee from taking unpaid protected leave for a qualifying event. Employees must be granted their allotted time to tend to qualifying medical reasons related to a family member or for their own health condition.
If an employer tries 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 violate CFRA laws.
Likewise, any employer who 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 caring for a family member’s health condition, it’s crucial to enlist the support of a committed 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 and ensuring accountability. 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 Silicon Valley can be daunting, particularly if it leads to the loss of your job. You might feel overwhelmed and isolated, but remember, you’re not alone. Our team of employment discrimination attorneys is here to support you, listen to your concerns, and assess whether you have a case.
You don’t have to navigate this situation alone. While the CFRA outlines violations clearly, state laws can be intricate, and your employer likely has a team of skilled lawyers on their side.
We’re prepared to advocate for you, securing the compensation you rightfully deserve and ensuring your protection under the law. Contact the Law Office of Fahim Rahman today. Remember, there are time limits for filing claims against your employer.
You don’t have to endure victimization any longer. Take a stand and fight back!