Employees in California have the right to take leave for health or family reasons both on a paid and unpaid basis. An employee who is covered by more than one of these laws is entitled to the rights outlined in the most protective one.
Employers in California must also follow the federal Family and Medical Leave Act (FMLA), which permits eligible employees to take up to twelve weeks of unpaid leave per year, with the option of returning to work, for specified reasons.
CFRA – Unpaid Medical and Family Leave
California’s Family Rights Act (CFRA) is similar to the federal Family Medical Leave Act (FMLA), except that it is aimed at smaller employers and covers a broader range of family members.
CFRA requires that employers with five or more employees offer employees up to 12 weeks of unpaid, job-protected leave within a period of 12 months if certain conditions are met. Some of those reasons include the following:
- A serious health condition (other than pregnancy- or childbirth-related disabilities, as discussed below) of an employee
- Employees who must provide care for a seriously ill child, parent, spouse (including a registered domestic partner), grandson, granddaughter, or sibling
- The desire for an employee to bond with a new child within a year of birth, adoption, or foster care placement; and
- Military members on short-term leave may qualify for “qualifying exigency” leave, including deployments on short notice, participation in military events, and time spent with a covered family member.
- A serious health condition for purposes of family leave refers to any illness, physical impairment, or mental condition that necessitates family leave
- Medical care is provided at home, at a hospital or hospice, or in a residential community. Patients may also receive continuing health care from a physician.
If employees have worked more than 12 months and 1,250 hours in the last 12 months, they are eligible for CFRA.
Rights under the Federal FMLA
If California employers have at least 50 employees for 20 weeks in the past year or during the current year, they must comply with the FMLA. An employee is eligible to take FMLA if:
- A minimum of one year’s experience at the company
- During the previous year, they worked at least 1,250 hours, and
- A minimum of 50 employees works at their place of employment within a 75-mile radius.
Factors Contributing to FMLA leaves
Employees can use FMLA leave for the following reasons:
- Spend time with a new child
- Recover from serious health problems
- Caring for a spouse, child, or parent with a serious health condition
- Expenses resulting from military service or other exigencies
- Assist in the care of a family member who has been injured while serving in the military.
Can I take FMLA Leave?
In California, employees can take up to 12 weeks of leave in a year for a significant health condition, associating with a new child, or qualifying emergencies. This leave is renewable every 12 months as long as the individual meets the above-mentioned qualifying requirements.
Workers who require military caregiving leave are allowed to take up to 26 weeks off in a 12-month period. This leave, however, is granted on a per-injury, per-service member basis. A worker may not take an extra vacation for this reason unless the same family member is injured again or another family member is hurt while on active duty.
The Right to Leave and Reinstatement
When an employee is on leave, they have the same access to health insurance coverage as they do while at work. Despite FMLA leave is unpaid, employees are still able to use their accrued paid time off. After an FMLA leave ends, most employees can return to the same or an equivalent position.
Stacked Leaves Granted under CFRA and FMLA
Employees who qualify for vacation under both the CFRA and the FMLA are usually unable to combine their leave for a total of more than 12 weeks. Nevertheless, if the employee only qualifies for CFRA leave rather than FMLA leave (for example, to care for a grandparent, which is not protected by the FMLA), the employee might theoretically take up to 24 weeks of leave in a 12-month period.
The California Paid Family Leave Program
A worker who qualifies for a CFRA-qualified paid family leave program can receive benefits if they need time off for any of the reasons listed above.
A state-funded disability insurance program is responsible for administering the PFL program. To be eligible for paid family leave, you must have earned $300 in the past year from which SDI was deducted.
In California, What am I Entitled to Under Paid Family Leave?
Employers in California who are qualified will get 60-70 percent of their salaries for up to 8 weeks, with a maximum weekly compensation of $1,357 in 2021. Benefits account for about 60% of a higher-income employee’s pay and 70% of a lower-income worker’s wages.
It usually takes 2 weeks to process a fully completed claim. (Note that you have 41 days from the start of your leave to file your claim, but you cannot do so before the first day of leave.)
Incentives might be collected all at once or over the course of a year. Organizations may also permit you to enhance your family leave benefits with up to 100 percent salary by using vacation time, sick leave, paid time off, or other leave.
Family Leave for California Military Personnel
When a spouse is on military leave, employers with at least 25 employees must allow eligible employees the opportunity to take up to ten days of unpaid leave while the spouse is on military leave.
Disability Leave for Pregnant Women in California
Employers with five or more employees must provide a reasonable period of disability leave to employees who are pregnant, giving birth, or suffering from a condition related to these.
A maximum of four months should be allowed for this period. According to the California Family Rights Act, pregnancy disability leaves don’t count against a worker’s leave entitlement.
The Small Necessities Law of California
In order to participate in school or daycare activities, employers with at least 25 employees must offer employees up to 40 hours of unpaid leave in a 12-month period, and no more than eight hours in a single month.
Leave for California Domestic Violence Victims
If an employee or the employee’s child is suffering domestic violence, all employers should provide them with unpaid leave so that they may obtain a restraining order or seek other legal relief. Furthermore, employers with 25 or more employees must allow abused or stalked individuals to take time off to:
- Consult a doctor
- Seek assistance from a rape crisis center, a domestic violence shelter, or program
- Consult a counselor
- Consider safety planning and/or relocation.
CA Paid Temporary Disability Insurance
There is a state-funded temporary disability insurance program in California that is funded by employee payroll deductions. When an employee is unable to work due to a temporary disability (including pregnancy), they can receive 60 percent or 70 percent of their usual pay, depending on their salary.
If you are not sure about your family and medical leaves, you can consult an Employment Lawyer at Siman Law Firm in Los Angeles.