California FMLA (Family and Medical Leave Act) Laws 2024 Explained

Understanding California FMLA laws and their impact on your rights as a California employee is important, particularly when it comes to taking medical or family leave. If you qualify under either state or federal labor laws, you are entitled to a certain number of days of leave in which you can handle serious medical issues, care for a loved one, bond with your newborn child, and more.

What Is California’s FMLA?

The FMLA in California is California’s Family Rights Act (CFRA).  The CFRA is a piece of statewide legislation that protects the rights of certain eligible employees in the event that they must take extended medical leave from their job. Not every employee will qualify. Employers in California have to comply with CFRA if they have at least five employees. An employee may only qualify for leave if:

• They have worked for their company for at least a year.
• During that year, they worked at least 1,250 hours.
• Their employer retains at least five employees.

If you qualify for medical leave under the CFRA, you are eligible to take at least 12 weeks of unpaid leave during a 12-month period so long as you are taking said leave for qualified reasons, including:

• Birth of a child. Having a child is a considerable life change that will require a large amount of leave to recuperate from and bond. The CFRA provides the opportunity to properly welcome your new addition to your family. Regardless of gender, anybody who is about to become a parent may use their CFRA leave to be there for the birth and start bonding with their baby.
• Adoption or foster care. Eligible employees may also use their CFRA leave to handle a newfound adoption and bond with their adopted child or to assist a child who is placed with them for foster care. Adopting or fostering a child is no easy process. To ease the complications, you may be allowed to use your CFRA leave to handle counseling sessions, court appearances, consultations with doctors and attorneys, or travel to another country to facilitate an adoption.
• Serious health problems. CFRA leave eligibility extends to an employee suffering a serious health problem. A serious health problem is considered any health situation that makes the performance of the employee’s job impossible by order of their healthcare provider. You may take CFRA leave to recuperate from your condition.
• Care for an ill family member. You may be allowed to take CFRA leave to care for a family member who is dealing with a serious health problem. Qualifying family members include a child, a spouse, or a parent who is dealing with a serious illness and is unable to take care of themselves. You may take leave to help them with basic hygienic care, transportation, nutrition, and even psychological care.

These are just a few of the reasons you could qualify for leave under the CFRA. It is designed to ensure that employees can care for themselves and their families without fear of that care impacting their employment. No matter what personal mental or physical struggle, family addition, or other circumstance that puts family first you may be experiencing, exploring your FMLA options may be right for you.

FAQs

How Does FMLA Leave Work in California?

Per the CFRA, the FMLA in California, any employee who is considered eligible for leave may take up to 12 weeks of unpaid leave during a 12-month period in order to focus on a serious medical condition, help a family member with a serious medical condition, give birth to a child, bond with that child, or facilitate a child’s adoption. Depending on the situation, you can take your leave all at once or intermittently.

Do I Get Paid for CFRA Leave in California?

Whether you get paid for CFRA leave in California depends on your employer. Generally, you would not be paid. Some employers may decide to pay their employees during CFRA leave. However, depending on what your employer allows, you may be able to use your own accrued PTO during your CFRA leave, which would help provide you with pay during your leave at the discretion of your employer. However, your job is protected under CFRA while you are on leave.

Can an Employer Deny FMLA Leave in California?

An employer cannot deny your FMLA or CFRA leave in California so long as you meet certain requirements as the employee. Under certain circumstances, your employer may be allowed to deny your leave, such as not providing them with a valid reason, giving short notice, you don’t qualify, or you have already exhausted your leave option. It largely depends on the situation and whether or not you provide your employer with enough notice.

Do I Have to Take All of My Leave at Once?

No, you do not have to take all your leave at once. You are allowed to use your leave as needed, depending on the situation. As an employee, you must try to make sure your leave does not disrupt the daily operations of your workplace. If you are planning to take leave, you should provide your workplace with plenty of notice, work out a plan for your return, and leave things amicably.

Contact a California CFRA Lawyer Today

Taking your CFRA leave can be rewarding but also frightening, particularly if you are fighting a serious health crisis or taking care of a family member who is ill. If your employer tries to deny your leave and prevent you from taking it, you may want to speak with an experienced CFRA lawyer who can help you figure out your next steps. With their help, you can find the answers to all your questions.

The legal team at Shirazi Law Firm, PC, can help you defend yourself if it comes to that. We can assist you in building your case against your employer, gathering evidence that shows wrongdoing, and fighting for your interests while you focus on the birth of your child or taking care of yourself and your family. Contact us to schedule a consultation with a valued team member today.