Employees in the Bay Area may need leaves of absence from their places of employment for many different reasons. In some cases, the employee may need time away in order to take care of himself or herself as a result of his or her own serious illness or a disabling condition. In other situations, an employee may request time off to care for a family member. Sometimes this might be a newborn baby or an adopted child, or a close family member who is dealing with a serious illness. There are numerous reasons that an employee can request time off, and both federal and California state law permit leaves of absences in certain situations.
If you need to take a leave of absence from work, an experienced Bay Area employment law attorney can assist you.
There are two primary laws that are applicable to California employees who need to take a leave of absence from their jobs. Those two laws are:
The laws overlap in a number of ways, including the following:
Under both the FMLA and the CFRA, same-sex spouses qualify as a “family member” for leave purposes. However, the CFRA provides protections beyond the FMLA, permitting an employee to take leave to care for a seriously ill registered domestic partner. Another difference between the FMLA and the CFRA is that the FMLA views a disabling condition as a result of pregnancy to be a “serious medical condition” that makes an employee eligible for leave. The CFRA does not recognize a pregnancy-related disability as a serious medical condition, but there are additional laws in California that provide this coverage.
While the FMLA and the CFRA are the most common laws under which employees take leaves of absence, other laws that can allow an employee to take a job-protected leave of absence include but are not limited to:
If you have questions or concerns about leaves of absence under federal law and California state law, an experienced Bay Area leave of absence attorney can assist with your situation. Contact Minnis & Smallets LLP to learn more about our services.