The California Family Rights Act (CFRA) is a state-level legislation in California that provides eligible employees with the right to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period. This law covers various family and medical reasons, such as the birth or adoption of a child, the placement of a child for foster care, caring for an immediate family member with a serious health condition, and an employee’s own serious health condition.
The law requires that employers must continue to provide health benefits during the leave and must reinstate the employee to the same or a comparable position upon their return from leave.
What Is the Difference Between CFRA and FMLA?
Both the CFRA and the federal Family and Medical Leave Act (FMLA) aim to offer employees job-protected leave for medical and family reasons. However, there are key distinctions between the two. The FMLA is federal legislation applicable across the United States, whereas the CFRA is specific to California.
One significant difference is that FMLA covers care for a broader range of military-related conditions and exigencies, whereas the CFRA does not. Also, the CFRA includes additional protections not present in FMLA, such as the inclusion of domestic partners in the definition of family members you can take leave to care for.
Employees in California can take advantage of both the FMLA and the CFRA. However, they usually cannot stack the leave periods to extend the total duration of the leave beyond what each law provides individually.
What Is the Expanded California Family Rights Act?
The Expanded California Family Rights Act refers to updates and amendments to the original CFRA that extend its protections and eligibility criteria. For example, the expanded CFRA, effective from January 1, 2021, now applies to employers with as few as five employees, as opposed to the previous requirement of 50 employees within 75 miles. It also removed the limitation on the distance between worksites for counting eligible employees.
Also, the expanded act now allows leave to care for a broader set of family members, including siblings, grandparents, grandchildren, and domestic partners.
Who Is Eligible for CFRA Leave?
For an individual to be eligible for leave under the California Family Rights Act (CFRA), there are several requirements that an employee must meet. First, the employee must have worked for their current employer for a minimum of 12 consecutive months. It’s important to note that this year-long employment does not have to be continuous full-time work; part-time employment also counts toward fulfilling this requirement.
Second, during that 12-month period, the employee must have worked at least 1,250 hours. These hours refer specifically to “hours worked,” which means that paid time off, such as vacations or sick days, does not contribute to this hour count. In simple terms, this boils down to an average of about 24 hours worked per week over the span of a year.
In addition to these individual criteria, the employer must also meet certain conditions for an employee to be eligible for CFRA leave. Initially, the CFRA applied to employers who had 50 or more employees within a 75-mile radius. However, as of January 1, 2021, the law expanded to cover employers with as few as five employees, thereby significantly widening the pool of eligible workers.
Once these employment and employer size conditions are met, the reason for the requested leave must also be a qualifying one under the CFRA.
Eligible reasons include:
- The birth of a child or caring for a newborn within the first year;
- The adoption or foster care placement of a child within the first year;
- Caring for an immediate family member (including a spouse, child, parent, grandparent, grandchild, sibling, or domestic partner) with a serious health condition; or
- The employee’s own serious health condition prevents them from performing their essential job functions.
What Should I Do if I Am Fired for Taking CFRA Leave?
If you find yourself terminated after taking a leave under the CFRA, the situation is both serious and potentially complex. The first recommended step in resolving this issue is to file a formal complaint with the California Department of Fair Employment and Housing (DFEH). This agency is responsible for enforcing California’s civil rights laws and offers various dispute resolution services.
Before filing your complaint, collect all relevant evidence to support your claim. This includes your employment records to prove your eligibility under the California family and medical leave laws, medical certificates that confirm the serious health condition for which the leave was taken, and any written correspondence or communication between you and your employer regarding the CFRA leave. Emails, texts, or any other type of documentation that can illustrate your employer’s intent or actions will be invaluable during the investigation process.
Once you have all the necessary documentation, filing a complaint with the DFEH should be done as quickly as possible to remain within the statute of limitations. Typically, this is one year from the date of the alleged wrongful action. The DFEH will then initiate an investigation into your case.
If they find that your case has merit, they have the authority to facilitate a mediation process between you and your employer. Mediation is a less adversarial and often quicker way to resolve disputes. If mediation fails or is inappropriate, given the circumstances, the DFEH can file a lawsuit against your employer for violating California family and medical leave laws.
While the DFEH provides these avenues for recourse, the complexities of both the CFRA and the federal FMLA can be challenging. Due to this, and because the laws regarding family and medical leave are subject to interpretation and judicial precedent, consulting a California employment lawyer is highly advisable. An attorney with experience in this area can help you better understand your rights and options and can guide you through the DFEH complaint process, potential mediation, and any subsequent legal proceedings.
In situations as significant as wrongful termination, having legal representation can be a decisive factor in the outcome of your case.
Given that CFRA regulations and interpretations may vary, it might also be beneficial to consult a local California attorney who is well-versed in both state and federal laws and is familiar with local judicial interpretations. Local attorneys can offer insights that are particularly tailored to the California legal landscape, and they can often provide more personalized service due to their proximity.
What Is the Statute of Limitations for the California Family Rights Act?
The statute of limitations for filing a complaint under the CFRA is generally one year from the date of the alleged violation. Act now to preserve your rights, as missing this deadline may preclude you from taking legal action later.
Do I Need a Lawyer for Help With CFRA Rights?
Yes. If you find yourself in a situation where you believe your CFRA rights have been violated, it would be wise to seek the advice of a California employment lawyer.
A qualified attorney can assist you in understanding the law, evaluating your case, and handling the complaint process through the California Department of Fair Employment and Housing. They can even guide you through a lawsuit if necessary. You can easily find a local California attorney through LegalMatch to help you protect your employment rights effectively.
