Understanding your rights at work involves understanding many complicated pieces of legislation. Each law holds specific implications for your rights, and can be used to defend them. One of the most important is the California Family Rights Act (CFRA).
As a firm devoted exclusively to employment law, California Employment Counsel, APC, can explain CFRA and how you can use it to protect yourself.
The Family and Medical Leave Act (FMLA) is a well-known piece of federal legislation that protects important rights for employees who need to take time off for their own health or that of a family member.
FMLA provides for 12 weeks of unpaid leave within a 12-month period for:
- Bonding with a newborn or newly adopted child
- Caring for a child, parent or spouse with a serious health condition
- The employee’s own serious health condition
The California Family Rights Act (CFRA) goes even further in protecting workers and their rights in California in particular. CFRA:
- Treats domestic partners the same as spouses.
- Specifically grants baby bonding for fathers.
- Recognizes additional medical conditions.
Employers covered by CFRA cannot cite hardship to deny leave. The employer must continue your health insurance and all other benefits and accruals. You can spend vacation and sick days to offset the lost wages if taking leave for your own illness or injury. The law covers any combination of continuous, incremental or short-notice leave.
It is important to note that CFRA applies only after the arrival of a new child. Mothers are entitled to up to four months of pregnancy disability leave (PDL) under California law for complications of pregnancy or delivery.
Any pushback or reprisal relating to a medical/family leave is a violation of CFRA, including:
- Denial of leave or false statements about your rights
- Harassment or demotion for taking time off
- Termination for requesting leave
- Termination as soon as your protected leave ends
- Failure to reinstate you to the same or comparable job
Employers may fabricate other reasons to justify firing an employee who takes “excessive” leave. Our attorneys are skilled at making the connection between the protected leave and the adverse employment action.
Our lawyers are well-versed in the California Family Rights Act and related state and federal laws. If you were wrongfully discharged or your employer interfered with your statutory rights, we will pursue compensation for the emotional and economic damages. We are here to advise and support you throughout the process.
We can clarify your rights and discuss your legal claims in a free consultation. Contact us online or call our Costa Mesa office at (714) 462-8376. We serve clients throughout Orange County and beyond.
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