The California Family Rights Act (CFRA) is a state statute that reinforces and expands upon the federal Family and Medical Leave Act (FMLA). Under the CFRA, employees can potentially take up to 12 weeks of unpaid leave if they meet certain requirements imposed by the law. Employers must allow workers to take unpaid leave without punishing them by demoting or terminating them.
What requirements does the law impose on professionals seeking this kind of unpaid leave from their jobs?
1. Adequate work history
It could be highly inconvenient for employers to face leave requests immediately after training a worker. As such, the CFRA generally only applies to workers who have held their jobs for at least 12 months and who have worked at least 1,250 hours in the previous year.
2. A large enough business
Currently, the FMLA only applies to companies that have dozens of employees, leaving millions of people working for smaller businesses unprotected. The CFRA improves worker protections by extending leave rights to workers at smaller businesses. If a company has five or more employees, then a worker has the right to request unpaid CFRA leave.
3. A qualifying situation
Not every personal challenge justifies CFRA leave. Workers generally need to have a personal medical issue or a responsibility to support a family member facing medical challenges. Childbirth, adoption or foster placement are also qualifying circumstances.
Understanding the rules that govern the CFRA can help workers recognize when they may be eligible for unpaid medical or family leave. Documenting CFRA leave requests and employer responses can make it easier for workers to make use of this important state law.