California Family Rights Act Lawyer
We help put the ‘fair’ back in ‘fair fight’
The California Family Rights Act (CFRA) (California Government Code Sections 12945.2, 12945.3 and 19702.3) was established to ensure employees had a right to a temporary leave from employment to care for medical needs and children. CFRA is a California state law administered by the Department of Fair Employment and Housing (DFEH). It is similar to the federal Family and Medical Leave Act (FMLA).
CFRA, also known as the Moore Brown Roberti Family Rights Act, allows unpaid leave for the following:
- Birth of a child or placement of a child in the employee’s family for adoption or foster care (this leave must be used within one year of a child’s arrival in the family)
- To care for a serious health condition of an employee’s child, parent or spouse
- For the employee’s own serious health condition
Benefits of CFRA
CFRA leave is generally unpaid leave unless the employee chooses to use (or the employer requires them to use) accrued vacation time, sick leave or other accumulated paid leave time. If CFRA leave is for the employee’s own serious health condition, an employer may require the employee to use accrued leave.
Eligibility for CFRA is the same as for FMLA.
Full-time employees may take leave of up to 12 work weeks in a 12-month period. Part-time employees may take leave on a proportional basis. Leave does not need to be taken in one continuous period of time.
The California Family Rights Act applies to employers who do business in California and employ 50 or more part-time or full-time employees.
The employer must continue other benefits during an employee’s CFRA leave to the same extent and under the same conditions as would apply to any other leave granted by the employer for any other reason.
If the employer provides health benefits under a group health plan, the employer must continue to provide health care coverage for the duration of the leave. While on CFRA leave, the employee continues to accrue seniority and can continue to participate in employee benefit plans, such as life insurance, short-term and long-term disability insurance, accident insurance, pension and retirement plans, and supplemental unemployment benefit plans.
An employer may require 30 days advance notice of the need for a CFRA leave. If this is not possible, written or verbal notice should be given as soon as possible. Notice should include the timing and the anticipated duration of the leave. An employer may require a written communication from a healthcare provider stating the reason for the leave and the probable duration.
An employer must respond to a leave request within 10 calendar days.
Were You Denied Leave? Did You Lose Your Job Because You Took a Leave?
Many employees are afraid to take available medical leave or family leave because they fear negative reactions from their employer. In some cases, that fear is based on fact and the employee does suffer retaliation in terms of demotion or job loss. In other cases, the employer simply denies the necessary leave.
If you believe your rights were violated and you were treated unfairly or wrongly fired because you took a needed medical leave, there are very specific procedures you must follow in order to file a complaint. Failure to follow these procedures may lead to a denial of your legal right to recover financial damages.
San Francisco Family Medical Leave Act Attorney
Talk to a CFRA leave attorney at The Dolan Law Firm in San Francisco, California. A family leave lawyer at our office will give you a free case consultation and advise you on your legal options, including the option of taking your case to court.