California Family Rights Act (CFRA) Explained by an Employment Lawyer

Summary

This video script by employment lawyer Branigan Robertson provides an informative overview of the California Family Rights Act (CFRA), explaining employees' rights to take up to 12 weeks of unpaid leave for serious health conditions or family care. It distinguishes CFRA from the federal Family Medical Leave Act (FMLA), outlines the eligibility criteria, and guides on how to request leave. The script also addresses employer denials and potential legal recourse, including damages and attorney fees, while emphasizing the importance of consulting a lawyer for specific situations.

Takeaways

• 📜 The California Family Rights Act (CFRA) is a state law that provides job protection for employees who need to take time off for serious health conditions or family matters.
• 🔄 CFRA is similar to the federal Family Medical Leave Act (FMLA), but it includes some additional protections, such as for domestic partners and certain leave reasons not covered by FMLA.
• 🏥 A serious health condition under CFRA typically requires inpatient care or ongoing treatment by a healthcare provider and must prevent the employee from performing essential job functions.
• 👶 CFRA allows for leave due to the birth or serious health condition of a child, care for a seriously ill parent or spouse, or the employee's own serious health condition.
• 🏢 To qualify for CFRA, employees must have worked for their employer for at least 12 months, accumulated at least 1,250 hours of work, and work for a company with 50 or more employees within a 75-mile radius (this threshold will be reduced to 20 employees in 2020).
• 💰 CFRA leave is generally unpaid, but employees continue to accrue seniority and must be covered by their employer's health and dental insurance as long as it's part of a group plan.
• 📝 Employees should provide written notice to their employer when requesting CFRA leave, and employers may request medical certification to document the need for leave.
• ⏳ CFRA allows for up to 12 workweeks of leave in a 12-month period, which can be taken continuously or intermittently as needed and coordinated with the employer.
• 🤔 If an employee's CFRA leave request is denied, they have the option to file a written complaint with their company or seek legal advice, rather than quitting their job.
• 💼 In cases where an employer violates CFRA rights, employees may be entitled to recover lost wages, emotional distress damages, and potentially punitive damages, as well as attorney fees.
• ⏳ The deadline to file a CFRA case has been extended to three years from the date of the violation, but this does not apply retroactively to claims that have already lapsed.

Q & A

What is the California Family Rights Act (CFRA)?

The California Family Rights Act (CFRA) is the main leave of absence law for employees in California, providing job protection when health issues interfere with work. It allows eligible employees to take up to 12 weeks off in any 12-month period and mandates that employers allow them to return to the same or a comparable position after the leave.

How does CFRA differ from the Family Medical Leave Act (FMLA)?

While CFRA and FMLA both provide job protection for employees needing time off for health reasons, CFRA is specific to California, whereas FMLA is a nationwide law. Additionally, CFRA includes provisions for domestic partners and covers more scenarios, such as pregnancy disability leave, which is not covered by FMLA.

What are the eligibility requirements for CFRA?

To be eligible for CFRA, an employee must have worked for the employer for at least 12 months, have accrued at least 1,250 hours of work during that time, work for a company that does business in California, and be employed by a company with 50 or more employees within a 75-mile radius (this number will be reduced to 20 employees in 2020).

What scenarios qualify an employee for CFRA leave?

An employee can take CFRA leave for the birth of a child, to care for a child with a serious health condition, to care for a parent or spouse with a serious health condition, or if the employee has a serious health condition that prevents them from performing the essential functions of their job.

What is considered a serious health condition under CFRA?

A serious health condition under CFRA typically involves inpatient care at a hospital or continuing treatment by a healthcare provider. The condition must also prevent the employee from being able to perform one or more essential functions of their job.

Does CFRA cover leave for pregnancy-related disabilities?

No, CFRA does not permit leave for disabilities due to pregnancy, childbirth, or related medical conditions. However, California law provides pregnancy disability leave as a separate provision.

How should an employee request CFRA leave?

An employee should provide written notice to their employer, preferably via email. If the leave is foreseeable, the employee should give reasonable advance notice and make an effort to schedule treatment at a time that minimizes disruption to the employer's operations.

What happens if an employer requests medical certification for CFRA leave?

Employers can require a doctor's note documenting the need for the leave of absence. The note should include the start date of the condition, its likely duration, and a statement that the condition prevents the employee from performing essential job functions.

What should an employee do if their CFRA leave request is denied?

If the leave is denied, the employee can first complain in writing to the appropriate authority within the company. If unsuccessful, they should then contact a lawyer to explore further options, which may include filing a lawsuit if the employer violates CFRA rights.

What types of damages can an employee recover in a CFRA lawsuit?

In a CFRA lawsuit, an employee may recover lost wages, emotional distress damages, and potentially punitive damages if the employer acted with malice or fraud. Additionally, plaintiffs can recover attorney fees in such cases.

What is the statute of limitations for filing a CFRA case?

The deadline to file a CFRA case in California has been extended to three years from the date the law was broken. However, this extension does not apply to claims that had previously lapsed.