Leave of Absence from Work (FMLA & CFRA)

Leave of absence from work, protected by the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), is a legal right under California and federal law. These laws allow eligible employees to address critical family or medical needs without jeopardizing their job security.

What is Leave of Absence from Work (FMLA & CFRA)

Leave under FMLA and CFRA provides eligible employees with unpaid, job-protected time off for specific family and medical reasons. Key elements include:

• Eligibility depends on employer size and employee tenure
• Covers events like childbirth, adoption, or serious health conditions
• Ensures job reinstatement and benefit continuation
• Differs slightly between federal and California regulations

Examples of Leave of Absence from Work (FMLA & CFRA)

Eligible employees may take leave for reasons including but not limited to:

• Childbirth, Adoption, or Foster Care: Time to bond with a new child.
• Serious Health Condition: Addressing your own health or caring for a family member with a significant medical issue.
• Military Family Needs: Under FMLA, leave related to a family member’s military service (e.g., deployment or injury).
• Pregnancy Disability: Covered separately by California’s Pregnancy Disability Leave Law (PDLL), often followed by CFRA bonding leave.

Laws Protecting Your Rights at Work

Federal Protections

• Family and Medical Leave Act (FMLA): Applies to employers with 50 or more employees. It grants up to 12 weeks of unpaid leave for qualifying reasons.

California Protections

• California Family Rights Act (CFRA): Covers employers with 5 or more employees. It provides up to 12 weeks of leave, extends coverage to more family members, and excludes pregnancy disability (covered by PDLL).

How to Protect Yourself if You Experience Leave of Absence from Work (FMLA & CFRA) Violations

If you require leave or suspect a violation of your rights, follow these steps:

1. Verify Eligibility: Ensure you meet FMLA or CFRA criteria based on tenure and employer size.
2. Notify Your Employer: Provide 30 days’ notice if foreseeable, or as soon as practicable otherwise.
3. Submit Documentation: Supply required forms, such as medical certifications.
4. Document Every Detail: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
5. File a Complaint: If denied or retaliated against, contact the U.S. Department of Labor for FMLA issues or the California Civil Rights Department (CRD) for CFRA violations. An attorney can help you with filing these claims.
6. Consult an Attorney: An experienced California employment lawyer can assist in protecting your job and benefits.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.