If you or a close family member becomes seriously ill, your first thought is usually about the health and wellness of that person. In serious situations, you may need to take extended time away from your job to care for yourself or your family members. Fear of losing your job during this time can add a lot of duress to an already stressful situation. Thankfully, the California Family Rights Act (CFRA) protects many employees in this situation. This law gives most employees the right to take up to 12 weeks of time off to care for themselves or a family member with a serious health condition. This time can also be used to bond with a new child.
Contact an employment litigator at Sparrow Law Group today if you believe your rights have been violated. We may be able to help you take legal action.
Why Choose Us?
You need a law firm that won’t just treat you like another case number. At Sparrow Law Group, we treat every client like family. We know how difficult it can be when your own health or the health of a family member is involved. Our attorneys will communicate with you directly, and we will be there with you every step of the way. You should not have to worry about the security of your job during this time, and our team will fight to make sure you are protected. If you have a family, medical, or pregnancy leave issue with your employer, contact us today to get help.
Who Is Eligible For Family, Medical, & Pregnancy Leave?
The CFRA applies to all employers with five or more employees, but you must also meet some requirements as an employee to qualify for these benefits. First, an employee must have worked for the employer for at least 12 months. Additionally, the employee must have worked at least 1,250 hours in the 12 months immediately prior to taking the leave.
Eligibility is also dependent upon you or a family member having a serious medical condition or becoming a parent of a new child (by birth, adoption, or placement through foster care). As of January 1, 2023, the CFRA has expanded the list of persons for whom you can take leave to include “designated persons.” A designated person can be anyone related to the employee by blood. It is no longer reserved for immediate family members. Similarly, a designated person could be someone who is like family to the employee, such as a best friend or unmarried significant other (Cal. Gov. Code § 12945.2). The employee must identify the designated person at the time their leave is requested, and employers may limit employees to only one designated person per 12-month timeframe. It is also worth noting that employers are not required to pay employees during their leave.
Definition Of Serious Medical Condition
Except for the provisions related to bonding with a new child, a serious medical condition is required for these protections to take effect. A serious medical condition can be either physical or mental, and it must either require inpatient care in a hospital, hospice, or residential care facility or ongoing and continuing treatment by a health care provider. Your employer may require documentation of the medical condition, and your healthcare provider would need to sign off on that documentation.
Schedule Your Free Consultation Today
If you find yourself in a situation requiring family, medical, or pregnancy leave, contact Sparrow Law Group today. For those who qualify, employers must allow you to take up to 12 weeks of leave while holding your same or a comparable position for you upon your return. If you believe you have been wrongly denied your legally protected time off or have been terminated for taking your leave, go ahead and schedule your free consultation today.