What You Need to Know About Family and Medical Leave Laws in California
In California, two main laws primarily deal with family or medical leaves from work. Here’s everything you need to know about family and medical leave laws in California.
The California Family Rights Act and the Family and Medical Leave Act both govern rights relating to employees taking time off from work. If certain requirements are fulfilled, one may be entitled to take up to twelve weeks off from work.
Which laws in California deal with family and medical leave from work?
In California, the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) are the two primary laws that deal with family and medical leave from work. The California Family Rights Act applies only to the state’s employees, whereas the Family and Medical Leave Act is a federal law, and thus works to protect the rights of all employees in the United States. Both the CFRA and FMLA allow eligible employees to have the same kinds of protections. These include rights regarding job protection and taking unpaid leaves from work for up to twelve weeks a year, for particular family or medical-related purposes.
Who is entitled to be paid when taking a leave from work?
Different employers offer different payment rights to employees while they are on CRFA or FMLA leaves. For example, some employers may offer paid benefits for those taking a pregnancy disability leave, and will list this in the employment agreement.
Related: Pregnancy Disability Leave in California
Additionally, wage replacement can be provided for different types of leave. For example, California’s Paid Family Leave Program (PFL) works to grant employment disability compensation benefits to employees taking a leave from work for the purpose of caring for a family member or bonding with a newborn. However, while certain employers offer to pay employees on a CRFA or FMLA leave, it is not mandatory for any employer to do so. The exception to this rule exists if an employer provides health benefits, in which case the employee would be entitled to continue:
- Accruing seniority
- Receiving full health insurance care coverage
- Taking part in any benefit listed in his or her employment benefits package or deal
What are viable reasons for taking a leave from work?
The CFRA and FMLA may grant people a maximum of 12 workweeks yearly for leave, if one of the following conditions apply:
- One must care for a family suffering from a serious health problem (domestic partners included)
- One must deal with his or her own serious health condition
- One must bond with a child
- This includes newborns, adopted children, and foster children
- One is facing an emergency situation relating to an active duty service member’s military service (Only the FMLA may grant rights pertaining to taking a leave for this)
Serious health conditions refer to an illness, injury, impairment, or mental/physical condition that involve either in-patient care taking place in a hospital, residential health care facility, or hospice, or the continuation of treatment or supervision by a healthcare provider.
When can a parent take time off from work to be with a newborn?
Employees that are parents are eligible to take a leave of absence from work if they need to be with a newborn baby, a newly adopted child, or a newly admitted foster child. “Parents” can be biological parents, adoptive parents, foster parents, stepparents, or legal guardians according to the law. Further, the term “parents” refers to both mothers and fathers, as both are entitled to take time off to bond and care for the new addition to the family.
Related: Parental Leave Laws in California
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