California Family Rights Act Issues |
Employment Law

The California Family Rights Act (CFRA) provides eligible employees and business owners in California with certain rights when it comes to many medical issues and family scenarios. Under the law, individuals have up to 12 weeks of paid or unpaid leave without sacrificing their use of employer-paid healthcare coverage that they had access to when working. This program has provided opportunities for individuals to tend to medical and family emergencies without the fear that they will lose their job. Like any government program, issues can arise when private businesses misinterpret or fail to follow the law as intended. Working with a Fresno employment attorney is the best course of action to protect your employment rights when these situations occur.

Employment law is a body of rules, statutes, and regulations defining the rights, obligations, and privileges between employers and employees. In other words, employment law is the legal relationship between employers and employees. Employment law covers many topics, but some examples include hiring practices, wage and hour laws, and workplace discrimination. It also provides guidance on many different legal issues to help protect both employees and employers from illegal or unethical practices. Employment attorneys in Fresno, California, work daily to help individuals and businesses avoid issues related to employment law—including the California Family Rights Act.

Numerous medical and family emergency scenarios earn an individual time off under California Law to be with family and handle the situation. These include:

A common question is what qualifies as a “serious health condition” to apply for leave. Some scenarios include:

One of the most significant benefits of the California Family Rights Act is job protection. This means they do not need to worry about the economic impact on their businesses that is often associated with an individual leaving the business. For employees, this means they can be confident that their job is secure when handling family emergencies or medical issues. This law ensures that employees will get the time to handle family emergencies without losing their job and future pay.

Many people hear the term “FMLA” and assume it is synonymous with CA-CFRA. While both laws pertain to family issues, there are several differences that individuals should be aware of to make sure they are using the appropriate program.

Similar to CFRA, Pregnancy Disability Leave is another program that provides job protection for eligible employees who need time off from work due to a pregnancy. However, there are some key differences between CFRA and PDL.

The main difference is that an employee taking Pregnancy Disability Leave can receive partial pay from their insurance. In contrast, an individual taking CFRA is not entitled to any pay and only covers serious medical issues that have resulted from the pregnancy. If you qualify for CFRA due to your pregnancy, the time you are not required to return to work starts after the conclusion of your time from PDL.

If an employee believes their employer has violated California’s Family Rights Act, they have a right to file complaints. The first step is filing with the Department of Fair Employment and Housing (DFEH). The complaint can be filed by phone or online. If the DFEH accepts the complaint, they will investigate the claim and decide if it is valid. If they determine that an employer has violated California Family Rights Act, employees may be entitled to back pay, reinstatement to the position they held before leaving, and any other relief.

With so many different scenarios that can qualify as a “serious health condition” under the California Family Rights Act, employees need to understand their rights. Employees should make sure they are aware of the laws that protect them when dealing with family emergencies or medical issues. The diversity of scenarios and outcomes is why many people under these circumstances work directly with an employment law expert.

Employees should be very cautious about how they request leave under the California Family Rights Act. Employers can legally ask for a doctor’s note or other documentation that helps prove an employee is eligible and covers specific details of their absence from work.

Anyone who requests leave for a family emergency should be sure to get paperwork from their doctor that covers the date of the emergency, the details surrounding it, and how long they are expected to be away. For example, you will need a letter from your physician if you expect a baby with complications. This should include the date of your expected delivery, any unusual circumstances you or your baby face because of pregnancy complications, and a general statement about how long the doctor expects it will take for a full recovery. If this step is neglected, the employer cannot know if their absence is actually because of a serious health condition, which can delay the leave process.

Another common mistake employees make is not filling out the proper paperwork for their leave. When you take FMLA, it’s important to ensure that your employer has received all the paperwork they need to approve your request and put a plan into place, so both parties know what is expected. Many employees think they can simply call or email their supervisor to update them on when they can return to work. However, this is not sufficient documentation. It could cause issues if the employer does not know what steps need to be taken to ensure you can return to work and your position is protected. By working with an experienced California Family Rights Act attorney, employees can be sure they are going through the process correctly and understand all of the ways they are protected under the law.

There are several benefits of working with an employment attorney regarding California Family Rights Act issues and concerns. These include:

By leveraging the value of an employment law expert, individuals can feel confident that they are getting all-around assistance with protecting their rights under California Family Rights Act.

The California Family Rights Act is complex, and it’s easy to make mistakes when filling requests or taking legal action. That’s why individuals in Fresno, California, need to work with an experienced employment law firm they can trust.

Contact Fishman, Larsen, and Callister for legal support when you need help with CFRA issues. We are available to answer your questions and provide expert opinions on how best to protect your rights under the California Family Rights Act. You deserve to be paid for the work you do and be able to take care of your life outside of work when you need to. Let us help you do that without losing the job you love.