The federal government has strong protections in place for employees, including the Family and Medical Leave Act (FMLA). This nationwide act provides up to 12 weeks of job-protected leave for an employee’s medical condition or leave time to care for an ill or injured family member. Under the FMLA, an employee has the right to unpaid leave, while retaining their health insurance and other benefits. In addition to these federal protections under FMLA, the California Family Rights Act (CFRA) provides additional protections and extends them to a broader category of employees.
Key Differences Between FMLA and CFRA In California
California has the most comprehensive employment laws in the U.S., offering important enhancements to the federal laws. For either FMLA or CFRA to apply, a worker must be employed by the same employer for at least 12 months prior to taking leave.
Under the CFRA in California, the state provides more expansive protections compared to FMLA, with key additional protections as follows:
- Under the FMLA, an employee may take leave for a serious medical condition or for an immediate family member’s medical needs, but this is limited to the employee’s spouse, parent, or child. California’s CFRA also allows family medical leave to care for grandparents, siblings, domestic partners, and a “designated other,” for important non-familial loved ones.
- The FMLA applies only to employers with 50 or more employees, while the protections of the CFRA apply to employers with 5 or more employees, allowing more employees to benefit from protected family leave.
- The FMLA applies only to employees who live within 75 miles of their place of employment, often excluding remote employees or those in distant branch locations, while the CFRA has no such restriction.
- FMLA defines pregnancy as a “serious health condition” to allow unpaid leave without benefit loss. CFRA does not cover pregnancy, as pregnant employees in California are covered under Pregnancy Disability Leave (PDL). Fortunately, this allows a pregnant employee to “stack” leave by first using PDL for pregnancy and childbirth, then exercising their right to CFRA-protected leave for additional time to bond with their child.
- CFRA does not require an employee to provide medical records or a doctor’s note to their employer; it only requires the employee to notify the employer of the date and duration of their planned leave.
Both FMLA and CFRA allow California employees up to 12 weeks of unpaid medical leave. California’s employer retaliation laws also prevent an employer from retaliating against an employee who takes unpaid leave through either FMLA or CFRA.
How Can a California Employment Lawyer Help Me?
Situations arise in every lifetime that require time away from work to deal with a medical condition, personal health emergency, or those of family members. Under both federal and state employee protections provided by FMLA and CFRA, an employer must protect your job position and health benefits during medical or family leave time and cannot retaliate against you for taking the time you need.
A California employment lawyer from Sparrow Law Group is ready to help you protect yourself or hold an employer accountable for financial losses if they prevented you from taking leave time or retaliated against you for taking the time you deserve, and to which you have a legally protected right.
Call or contact Sparrow Law Group today to learn how an experienced California employment lawyer can help you with your case.