California labor laws and California leave laws are designed to protect employees from unlawful discharge, discrimination and harassment. When an employee gets sick or hurt, it is common for them to sometimes feel that their job may be at stake. This is the reason why employees are covered under federal and California labor laws called the Family Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA), respectively.
Who is eligible?
FMLA/CFRA unfortunately does not cover all employees, only those that:
• Worked at least one year for their employer,
• Worked at least 1,250 hours in the past year, and
• Whose employer has at least 50 employees working within 75 miles of the employee’s worksite
Pursuant to a U.S. Department of Labor June 2007 report , according to the report, the eligibility requirements for FMLA/CFRA indicate that only 76.1 million workers out of 141.7 million total U.S. employees, or 53%, are eligible for FMLA protection (the other 47% have to rely on their employer’s leave policies).
How much medical leave is allowed pursuant to FMLA/CFRA?
Pursuant to FMLA/CFRA rules, workers are entitled to take a maximum of 12 weeks of unpaid medical leave in order to care for a newly born child, a newly adopted child, a serious illness affecting a family member or an illness of their own (pursuant to FMLA, but not CFRA, this does include incapacity due to pregnancy, having a child or a related medical conditions). Employees may be entitled to an extension of leave in addition to the 12 week allowable leave, if the employee has a mental or physical disability that requires the leave to be extended in order to accommodate the disability (subject to the employee making the employer aware of the disability and work restrictions). It is unlawful under federal and California labor laws for employers to treat employees differently or retaliate directly or indirectly for taking medical leave. An employee who takes medical leave also has a right of reinstatement to their same position unless they are a “key employee”.
Is an Employee Entitled to Pay While Taking Leave?
Employees taking leave under FMLA/CFRA (and PDLL) are not entitled to be paid for this leave.
An employer, however, may voluntarily agree to pay you for all or a portion of uncovered medical leave, or apply your unused sick leave/vacation time.
Medical Leave and California Labor Law Attorneys
Due to the financial strain on many employers, some are seeking ways to downsize staff. It is critical that before taking leave an employee consults with a California labor law lawyer.
If you have questions about medical leave, knowledge is power. It is important to talk to a California labor law attorney to be certain you know your rights.
Photo Credit: Shutterstock/Zoran Orcik