In California, employees enjoy various rights and protections, including those under the California Family Rights Act (CFRA). The CFRA is legislation that safeguards workers when it comes to family and medical leave. This article aims to shed light on the key aspects of the California Family Rights Act for both employees and employers.
What is the California Family Rights Act?
The California Family Rights Act is a state law that grants eligible employees the right to take unpaid leave for family and medical reasons. Enacted in 1993, the CFRA is California’s equivalent of the federal Family and Medical Leave Act (FMLA). However, it provides certain additional benefits and covers a broader range of employees.
Coverage and Eligibility
The CFRA applies to private and public employers who employ 50 or more people within a 75-mile radius. To be eligible for CFRA leave, employees must meet specific criteria. They must have worked for their employer for 12 months and accumulated 1,250 hours during the previous year. Additionally, employees must work at a location with at least 50 employees within a 75-mile radius.
Reasons for CFRA Leave
The CFRA grants eligible employees the right to take unpaid leave for various family and medical reasons. These reasons include:
- Bonding with a new child: CFRA allows parents to take time off to bond with a newborn, adopted child, or foster child.
- Caring for a family member: Employees can use CFRA leave to care for a spouse, child, parent, or registered domestic partner with a serious health condition.
- The employee’s own serious health condition: CFRA permits employees to take leave for their own medical conditions that make them unable to perform their job duties.
Leave Entitlement Under the California Family Rights Act
Under the CFRA, eligible employees can take up to 12 workweeks of unpaid leave in a 12-month period. However, unlike the FMLA, CFRA leave and FMLA leave run concurrently, meaning that employees can’t take an additional 12 weeks of leave under CFRA if they have already exhausted their FMLA leave.
Employee Rights and Protections Under the California Family Rights Act
The CFRA offers certain rights and protections to employees taking leave. These include:
- Job protection: Employees who take CFRA leave are entitled to return to their previous position or an equivalent position upon their return. Employers are prohibited from retaliating or discriminating against employees for taking CFRA leave.
- Maintenance of benefits: During CFRA leave, employers must maintain the employee’s health insurance benefits on the same terms as if they were working.
- Accrued leave: Employees may be required to use their accrued vacation or paid time off (PTO) leave concurrently with CFRA leave.
Employer Obligations Under the California Family Rights Act
Employers have certain obligations under the CFRA, including:
- Notice requirements: Employers must inform employees about their rights under CFRA and provide information regarding how to request CFRA leave.
- Documentation: Employers have the right to request medical certification for CFRA leave reasons.
- Recordkeeping: Employers must maintain records of CFRA leave taken by employees.
Key Differences Between CFRA and FMLA
While the CFRA and FMLA share many similarities, there are a few key differences worth noting. These differences include:
- Coverage threshold: CFRA applies to employers with 50 or more employees, while FMLA applies to employers with 75 or more employees.
- Definition of family member: CFRA includes registered domestic partners and FMLA does not.
- Pregnancy disability leave: CFRA provides additional leave rights for pregnancy disability beyond what FMLA offers.
Optimizing your Family Leave in California Past the California Family Rights Act
To optimize your family leave in California, read more in our article: Get the Most Our of California Maternity Leave. Stay informed about the benefits available to you, such as wage replacement through the California Paid Family Leave (PFL) program. Plan ahead and communicate your leave intentions to your employer in advance and maintain open lines of communication throughout your leave.
The California Family Rights Act (CFRA) plays a crucial role in protecting the rights of employees in California when it comes to family and medical leave. By providing job protection, maintaining benefits, and allowing employees to take unpaid leave for important family and medical reasons, CFRA ensures a balance between work and personal life. Both employees and employers should familiarize themselves with the provisions of CFRA to ensure compliance and a fair working environment that supports the well-being of families and individuals in the state of California.