FMLA and CFRA are laws that protect employees who need time off from work due to personal situations. Employees benefit from these laws, as they allow them to take care of matters they otherwise would have had to deal with while also working a full-time job. Without these legislative acts, some employees could lose their position or their seniority in the company simply to manage their home life.
By learning the difference between FMLA and CFRA, you can make an informed decision on which one to use for your time off. To ensure that you are leveraging your available benefits from the federal government and the state of California, contact an experienced Fresno family rights attorney.
What Exactly Is the Family and Medical Leave Act (FMLA)?
The popularly known Family and Medical Leave Act (FMLA) is a federal law that allows employees to take an unpaid leave of absence for specific medical and family reasons without the risk of losing their job. It requires those employers to give an eligible employee up to 12 weeks of unpaid leave over a 12-month period for:
- The birth and critical care of a newborn child, including prenatal medical appointments
- The placement and care of a child for foster or adoption, including meeting with prospective parents
- A serious and challenging health condition that makes the employee unable to perform their job functions
- A health condition that is impacting a spouse, child, or parent
FMLA also allows an eligible employee to take up to 26 weeks off to deal with a military family member’s serious illness or injury.
What Is the California Family Rights Act (CFRA)?
The California Family Rights Act (CFRA) allows eligible employees to take up to 12 paid or unpaid weeks off for various family and medical reasons. Employees are allowed to keep and utilize their healthcare benefits from the employer. Reasons to request CFRA include:
- The birth and care of a newborn child
- A serious health condition that makes it difficult to perform their job functions
- A serious health condition that is impacting a spouse, child, or parent.
What Are the Major Differences Between FMLA and CFRA?
It’s common for employees to confuse the Family and Medical Leave Act (FMLA) with the California Family Rights Act (CFRA) or assume that they are one and the same. Common differences include:
- FMLA is a federal program, while CFRA is state based in California.
- Simply being pregnant under FMLA qualifies, while CFRA only covers time off for pregnancy complications.
- It is more difficult to be covered as a domestic partner by FMLA than by CFRA.
- FMLA requires much more documentation and proof of eligibility than CFRA does.
How Do Both FMLA and CFRA Work Together?
When FMLA and CFRA work together, it is called concurrent leave. Concurrent leave can be used in tandem with either law but must not be used at the same time. If an employee is eligible for FMLA, they can use up to 12 weeks of leave in addition to the 12 weeks available through CFRA. This could mean that an eligible employee would have 24 weeks off from work to take care of their family in a single year. This is an excellent way for employees to ensure that they can take time off from work and keep their job while also taking care of what matters most to them.
How Can an Employment Lawyer Help Me with My FMLA and CFRA Questions?
The last thing you want to do is take time off from work and lose your job. Fortunately, with the help of an experienced employment lawyer, you can ensure that you are taking all your available time off and earning the benefits to which you’re entitled under employment law.
Working a full-time job is challenging and time-consuming. Knowing that you’re covered in the event of a medical emergency or other family matter is an excellent way to ensure that your responsibilities are met. An employment lawyer will ensure that you are given the time off that you need, handle all necessary paperwork and filing, and ensure your job will be waiting for you once it’s over.
With the help of an employment attorney, you can ensure that all your benefits and entitlements are covered under FMLA, CFRA, and concurrent leave.
How Can You Tell If Your Employer is Following These Laws Properly?
The family and medical leave act is a very powerful piece of legislation that allows employees to take necessary time off from work without having to worry about how they will be affected financially. Unfortunately, this law is not always followed properly by employers, and employees are often denied the benefits to which they are entitled.
There are many ways that you can tell if your employer is following these laws properly. These include:
- Asking to see documentation from the U.S. Department of Labor that proves the company has been properly certified under FMLA
- Asking to see documentation from the California Department of Fair Employment and Housing that proves the company has been properly certified under CFRA
- Asking to see a copy of your employee handbook, which should outline proper leave policies and procedures
- Asking to see company policy on paid vs. unpaid leave, as this can vary widely depending upon your employer’s practices
- Asking to see company policy on the usage of paid time off benefits, as this can vary widely depending upon your employer’s practices
If you cannot determine on your own, contacting an employment law attorney would be a great next step.
Protect Your Job and Livelihood with Fishman, Larsen, and Callister
There are many reasons to contact a Fresno FMLA attorney today. One of the most important is that you want to ensure that your job and livelihood will be protected in the future. Working a full-time job is a lot; as a full-time employee, you have many responsibilities and obligations, both at work and home. It’s important to know that if you take the necessary time off from work, you won’t lose your job.
By contacting an employment lawyer today, you can ensure that all your benefits and entitlements are protected under FMLA, CFRA, and concurrent leave. Contact us today to begin protecting your future.