CFRA Lawyers San Francisco

The Family and Medical Leave Act (FMLA) provides American workers with the right to leave their jobs for a limited time due to illness, whether their own or a family member’s, without losing their position. California offers similar protections under state law through the California Family Rights Act. It is important for employees to understand and enforce these rights.

What the CFRA Allows

The California Family Rights Act (CFRA) allows eligible employees to take up a total of twelve weeks of unpaid leave within a period of twelve calendar months. While on leave, employees keep the same employer-paid health benefits they had while working. Eligible employees can take leave for one or more of the following reasons:

•   The birth of a child or adoption or foster care placement of a child. (This applies to all workplaces with twenty or more employees.)
•   To care for an immediate family member (spouse, child, or parent) with a serious health condition. (This applies to all workplaces with fifty or more employees.)
•   When the employee is unable to work because of a serious health condition. (This applies to all workplaces with twenty or more employees.)

A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that causes or requires:

•   Any period of incapacity after inpatient care or treatment in connection with inpatient care.
•   Any period of incapacity requiring absence from work, school, or other regular daily activities, of more than three consecutive calendar days.
•   Ongoing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable.
•   Restorative dental or plastic surgery after an accident or injury.

What’s Not Covered Under the CFRA

The CFRA does not apply to employers with fewer than twenty employees. It also does not apply to employees who have less than twelve months of service with their employers, or who have worked less than 1250 hours in the twelve-month period prior to taking leave. The CFRA also does not apply to minor medical situations that do not meet the definition of a “serious health condition” as described above. If one of these exclusions applies, an employment attorney might be able to suggest other methods of protecting a job position. 

Rights under FMLA

California workers have the right to take leave under both FMLA and the CFRA. It is important to understand how these rights work together. Employees who need to take leave should consult with a CFRA employment lawyer about the legal rights that apply to their particular circumstances. 

Experienced, Aggressive CFRA Lawyers in San Francisco

California employees have the legal right to take leave from their jobs without losing their positions. These rights are protected under both state and federal law, and it is important for employees to enforce them. Contact the office of Minnis & Smallets today to schedule a consultation with an experienced San Francisco CFRA attorney.