The California Family Rights Act was created to protect employees going on leave as a result of the following circumstances: childbirth; placement of a child in the employee’s family for adoption; for the serious health condition of the employee’s child, parent or spouse; and for the employee’s serious health condition.
The following provides a description of what constitutes serious health conditions for purposes of the CFRA:
• Serious health condition means illness, injury (including on-the-job injuries), impairment, or physical or mental condition of the employee or a child, parent or spouse of the employee that involves either:
o In-patient care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility
o Continuing treatment or supervision by a health care provider
Employers That Must Comply With the CFRA
Not all employers are covered under the CFRA. In fact, the CFRA only covers those employers that do business in California and employ 50 or more part-time or full time employees. Covered employers also include the State of California and any of its political and civil subdivisions, and cities and counties, regardless of the number of employees.
Covered Employees Under The CFRA And The Amount Of Leave Provided
To qualify for CFRA leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period prior to the leave, and work at a location in which the employer has at least 50 employees within a 75 mile radius of the employee’s work site.
Employees covered under the CFRA are entitled to up to 12 workweeks of leave in a 12-month period. The leave does not need to be taken in one continuous time period, but can be spread out through time.
If you are an employee that has sought leave under the CFRA and have been denied your right to a leave of absence, you should contact a qualified Los Angeles employment lawyer to discuss your rights. The Law Offices of Jual F. Reyes is an experienced employee rights law firm that provides assistance to employees seeking to assert their rights under the CFRA. For inquiries, you may contact the law firm at (877) 242-4410.