Two key laws protect employees in California. These include the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These powerful statutes provide job security to employees who are absent from work for health-related reasons. A person who returns from FMLA or CFRA leave is entitled to return to his/her job or similar job at the same rate of pay and entitlements.
At Toni Jaramilla, A Professional Law Corporation, in Los Angeles, our lawyers know how to use the FMLA and the CFRA to protect the rights of employees. We have extensive experience in trials, arbitrations and appeals related to disability discrimination, illness, pregnancy and leave from work. If you have been harmed, we can help.
FMLA, CFRA and Leave Time in California
Under the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees are entitled to 12 work weeks of potential leave in a year. This seems like a simple rule, but the law can be complex, and employers and employees often disagree about entitled time.
One of the most common disagreements relates to eligibility. To be eligible for leave, employees and employers must meet certain requirements:
- The employee must be employed by the employer for at least 12 months before the beginning of the leave. This time does not have to be consecutive, however. Separate months can be added together to total a year of employment.
- The employee must wait 12 months from the time the first FMLA or CFRA leave is taken before taking another leave.
- The employee must have worked at least 1,250 hours during the 12 months before a leave.
- Only certain employers must comply. The employer must employ at least 50 employees within a 75-mile radius of the employee. Many small businesses do not meet this requirement and do not have to provide the 12-month leave.
Contact a Beverly Hills Family Medical Leave Act Attorney
If your employer is failing to comply with the FMLA or CFRA, take action. Contact a Los Angeles FMLA Attorney or the legal staff at Toni Jaramilla, A Professional Law Corporation. We are available at 310-551-3020 or you can contact us online.