One of the many benefits workers in California have is their right to take leaves of absences. Obviously, the prevailing state’s employment and labor laws provide that they may take these leaves when there are urgent non-work-related matters or situations that would require them to skip work for an indefinite time. The Fair Employment and Housing Act (FEHA) has provisions that favor their right to health and to be with their family, and these are included in the state’s primary employment statute through the California Family Rights Act.
The CFRA was enacted for the simple intention of providing employees the chance to be allowed to take days-off from work in order for them to deal with medical matters and/or be with someone in the family. California employees, as such, should be generally aware of this important right by knowing the certain requirements that would permit them to take these leaves of absences.
Basically, this Act applies to California employers that have at least 50 full-time and part-time employees or more. Unpaid leaves are made available to individuals who have already rendered more than 12 months of employment with their current employers, or had already logged in at least 1,250 hours within any period of 12 months. Employees are allowed to take up leaves of absences of up to 12 workweeks within a 12-month period. The leaves aren’t needed to be taken at one continuous period. These requirements must be satisfied in order for them to be eligible to take CFRA leaves.
Also, they can only be taken (1) to bond with an adopted or foster child, (2) to take care of a newborn child, (3) to take care of a sick family member—spouse, parent, or child—who has a serious health condition, or (4) to seek medical attention to treat the same. The Act defines a “serious health condition” as any illness, injury (on-the-job or otherwise), impairment, or physical or mental condition of the employee or a family member involving either a stay in a hospital or any medical or healthcare facility or undergoing continuous treatment or supervision by a health care provider.
For female employees who have ended the period of their pregnancy disability leaves that have been taken to give birth to their newborn, the CFRA leave is likewise to be taken immediately for the reason of having given birth to a child. Showing that either the mother or the child has a serious health condition or that the mother no longer has a disability due to her pregnancy, childbirth, or related medical condition before taking the CFRA leave is not required. After taking the time off, employees who have taken their CFRA leaves are reinstated back to their work. Employers must give them the guarantee that they’ll return to their original or their comparative job positions.
Meanwhile, individuals who have been denied reinstatement for their original or comparable job positions or have been outright denied by their employers to take their leaves of absences may seek legal representation from legal counsels who are experienced on dealing with the law on medical and family rights in California.
A top law firm’s advice is below. You can also find best employment lawyers
How to find a best wrongful termination lawyer to assist you with your employment claim.
Employment discrimination in the workplace is still prevalent despite legal awareness and numerous statutes enacted to protect employees
Employment laws protect employees from all types of discrimination, retaliation and even wrongful termination.
If you have legal problems that are keeping you awake at nights, don't hesitate to seek us for help.