The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with 12 weeks of leave during each 12-month period for a covered reason. An employee is eligible for FMLA or CFRA leave if he or she is employed by the employer for at least 12 months prior to the date that the leave commences, employed for at least 1250 hours during the 12-month period prior to the date that the leave commences, and employed at a worksite where the employer employs at least 50 employees within a 75-mile radius.
FMLA and CFRA Eligibility
Under FMLA, an eligible employee is entitled to leave for the following reasons.
- Serious health condition of the employee or the employee's child, spouse, or parent
- Birth of a child and to care for the child
- Placement of a child with the employee for adoption or foster care
- Emergency arising from the employee's family member's active duty in the military
- To care for an injured service-member or veteran during rehabilitation
Under CFRA, an eligible employee is entitled to leave for the following reasons.
- Serious health condition of the employee or the employee's child, spouse, registered domestic partner, or parent
- Birth of a child
- Adoption and placement of a child for foster care
An employer must, during the time that an employee is on leave, maintain the employee's health benefits. Further, with few exceptions, an employer is required to reinstate the employee to the same or an equivalent position upon return from leave.
San Francisco FMLA and CFRA Attorneys
If you believe that you have been improperly denied FMLA or CFRA leave, or experienced retaliation or discrimination as a result of exercising your right to take FMLA or CFRA leave, contact a San Francisco employment attorney at Bracamontes & Vlasak today to discuss your legal rights.
