Understanding the California Family Rights Act: Your Rights and Protections

TLDRThe California Family Rights Act (CFRA) provides employees with job protection during leave of absence due to health issues. This video explains CFRA rights, how it differs from FMLA, and how to request a leave of absence. It also covers the categories of leave, eligibility requirements, and potential legal actions for denial of leave.

Key insights

CFRA allows employees in California to take a 12-week leave of absence within any 12-month period due to health issues.

🔁CFRA allows intermittent leave, enabling employees to take time off when necessary while still protecting job security.

🔍CFRA covers various situations, including maternity leave, caring for a sick child, caring for a sick parent/spouse, and personal serious health conditions.

⚖️Employers are required to hold the employee's position or provide a similar position upon their return from CFRA leave.

📝Employees must notify their employer in writing and provide medical certification to request CFRA leave of absence.

Q&A

Who is eligible for CFRA?

Employees in California who have worked for the employer for at least 12 months, performed at least 1,250 hours of work in the past 12 months, and work for a company with 50 or more employees within a 75-mile radius.

Can CFRA leave be taken for pregnancy-related disabilities?

No, CFRA does not cover pregnancy-related disabilities. However, there are other laws, such as pregnancy disability leave, that protect employees in those situations.

Can an employer deny CFRA leave?

Employers can only deny CFRA leave if the employee fails to meet the eligibility requirements or provide the necessary documentation. Otherwise, denial of CFRA leave may result in legal actions.

What happens if an employee is fired during CFRA leave?

Firing an employee during CFRA leave is illegal, and the employee may pursue legal action against the employer for wrongful termination.

What should an employee do if their employer denies CFRA leave?

If an employer denies CFRA leave, the employee should first complain in writing to the appropriate authority at the company. If the complaint is unsuccessful, the employee should consult an employment lawyer.

Timestamped Summary

00:00Introduction to the importance of CFRA in protecting employee job rights during a leave of absence due to health issues.

02:38Explanation of the eligibility requirements for CFRA, including the length of employment, hours worked, and employer size.

05:02Overview of the different categories of leave covered by CFRA, such as maternity leave and caring for sick family members.

08:29Details on how to request a leave of absence under CFRA, including giving advance notice and providing medical certification.

11:16Discussion on how employers may deny CFRA leave and the potential legal actions employees can take in such cases.

13:19Explanation of the job protection and rights provided by CFRA, including the requirement for employers to hold the employee's position during the leave.