FMLA and Others Leaves of Absence
The Family and Medical Leave Act (the FMLA) is the
federal law that generally prevents an employee from being terminated for
missing work because of a health problem or to care for a close family member
with a serious health problem. The provisions of this law can be found at
Section 2601 of Title 29 of the United States Code.
The California Family Rights Act (the CFRA) allows an
employee to take up to 12 weeks of leave in a year. The CFRA, also known as the
Moore-Brown-Roberti Family Rights Act is part of the California Fair Employment
and Housing Act (the FEHA), which protects employees against various forms of
discrimination and harassment. The CFRA forbids retaliation against an employee
for taking a medical leave of absence. California Government Code Section
12940(h). The Family Medical Leave Act also prohibits retaliation for use of
medical leave and interference with medical leave usage. Title 29 United States
Code Section 2615(a)(1) and (2).
The CFRA can be found at Section 12945.2 of the
California Government Code. The California law is generally preferable to the
federal counterpart because it does not limit the amount of compensatory and
punitive damages you may recover against the defendant if you prevail.
Under both the federal and the California law, an
employee who is eligible for medical leave may generally take up to 12 work
weeks of leave in a year. The employer is usually not required to pay the
employee for such medical leave. However, the employer must allow the employee
to return to work without any negative consequences.
To be eligible to take protected family medical leave,
the employee must have worked for an employer 50 or more employees for over one
year. Additionally, the employee may only take medical leave for her own
serious health condition or that of her spouse, child or parent. A serious
health condition is usually an injury or illness that prevents the employee
from being able to do her job. The employer may require the employee provide a
note from her physician certifying the health condition is serious. The birth
of a child is also a reason to take medical leave.
California Paid Family Leave ("PFL") allows employees
who take time off work to bond with a new child or to care for a close family
or domestic partner member with a serious health problem to receive payments
from the California State Disability Fund. The health problem includes
pregnancies. An employee receives the benefits of this law if no other family
member is available to provide the care required. A doctor's certificate is
also necessary. This law can be found at Sections 2601 and 3301(a) of the
California Unemployment Insurance Code.
Some related laws protecting leaves of absence from
work are:
For further information on family and medical leave,
please visit our sister site,
FMLALawyers.com.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876 5744
- 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
