San Francisco FMLA Attorneys

The Family and Medical Leave Act (FMLA) is a federal law that grants employees the specific right to leave in certain situations. The focus of FMLA is protecting employees from job loss in adverse situations, such as when caring for a spouse or child who is seriously ill or injured. California employs its own California Family Rights Act, and the rights protected meet or exceed those required at the federal level. If you have questions or concerns about your right to employee leave, don’t wait to consult with an experienced San Francisco FMLA Attorney. 

Your Right to Leave in California

In order to qualify for employee leave under the California Family Rights Act (CFRA), your employer must have at least five employees, and the following must apply:

• You’ve worked for your employer for at least a year. 
• You put in at least 1,250 hours on the job in the 12 months prior to taking leave.

If you qualify under CFRA, it protects your right to take up to 12 weeks of unpaid leave under the following circumstances:

• You are caring for a sick or injured spouse or registered domestic partner, child, parent, grandparent or grandchild, or sibling.
• You are recovering from a health concern other than pregnancy, which is covered by its own specific laws. 
• You are bonding with a new child, whether you are the birth parent, the adoptive parent, or the foster parent. 
• There is a qualifying military circumstance, such as a close family member being home on short leave.

Comparing and Contrasting FMLA and CFRA

California’s own CFRA has a broader reach than the federal FMLA. The following distinctions apply:

• While employers in California with five or more employees must adhere to CFRA’s regulations, FMLA’s minimum is 50 employees.
• In order to qualify as one of the 50 required employees for FMLA, the person must live within 75 miles of the workplace. There is no such requirement under CFRA. 

While FMLA only covers the employee’s spouse, minor and dependent children, and parents, CFRA is far more inclusive and covers leave for a serious health condition for any of the following:

• The employee’s spouse or domestic partner
• The employee’s parent, parent-in-law, or grandparent
• The employee’s child or grandchild
• The employee’s sibling
• Someone related to the employee by blood
• Someone in a family-like relationship with the employee, such as a designated person

Taking leave in response to a health concern or a momentous occasion, such as welcoming a child into your family, is an important right that is worth protecting.  

Look to an Experienced San Francisco FMLA Attorney for the Skilled Legal Guidance You Need

The accomplished San Francisco FMLA attorneys at Minnis & Smallets recognize the significance of employee rights and dedicate their formidable practice to ensuring their valued clients are well protected under the law. If you have questions or concerns regarding your right to employee leave, we encourage you to reach out and contact us for more information about what we can do to help you today.