Medical Leave
Do you feel like you have been punished for taking a leave of absence? Sometimes you need to take a leave of absence for unforeseen circumstances. The Family and Medical Leave Act of 1993 (FMLA) and California Family Rights Act, entitles eligible employees to unpaid, job-protected leave for specified family and medical reasons.
FMLA and CFRA recognize the importance of prioritizing employee health and well-being. The job protection aspect of these laws is crucial as it allows individuals to return to their position, or one of equivalent status, upon return.
Your Medical Leave Attorney
Every employee is entitled to their job-protected medical leave. Ward Lott is an experienced Medical Leave attorney and can be your partner in navigating these complex legal frameworks, ensuring that your employee rights are being respected. To learn more about how FMLA or CFRA affects your job, contact Lott Law.
Q: Is My Job Protected If I Take Medical Leave?
Under the California Family Rights Act or “CFRA,” you are entitled to return to your same work position or a comparable position. A comparable position means:
- Virtually identical in pay
- Benefits
- Working conditions
- Privileges
- Bonuses
- Status
Exceptions to this can include the possibility of layoffs during family and medical leave as well as the previous job position being eliminated and no comparable position being available.
Q: Is CFRA Leave Paid? What Qualifies For Paid Leave?
The majority of situations are unpaid leave under CFRA and FMLA. If your employer provides health benefits, those will continue to be in effect throughout the leave.
There are certain situations when you may be able to qualify for wage replacement benefits under these programs:
- California’s State Disability Insurance
- California Paid Family Leave (PFL) Program – Provides up to 8 weeks of paid leave in order to bond with a new child, care for an ill child, parent, spouse, or partner, and participate in a qualifying event sue to a family member’s deployment status
Q: What Are The Differences Between FMLA & CFRA?
Family Medical Leave Act (FMLA) – Federal law for all U.S. employees
- Up to 12 weeks of leave
- Covers businesses of 50+ employees within 75 miles
- Covered family members include spouse, minor or dependent children, and parents
- Purpose of leave can range from, birth of child, adoptive or foster care placement, caring for covered family members, personal serious health conditions and qualifying military exigency
California Family Rights Act (CFRA) – Applies only to California Employees
- Up to 12 weeks of leave
- Covers businesses of 5 or more employees
- Covered family members include, spouse or domestic partner, children, parents and parents in law, siblings, grandparents, grandchildren, and additional designated persons
- Purpose of leave can range from birth of a child, adoptive or foster care child placement, caring for covered family members, personal serious health conditions and qualifying military exigency
Contact A Medical Leave Lawyer Today
If you feel as though your employer has unlawfully refused CFRA or FMLA laws, it is important to know your rights and work with an experienced medical leave attorney. Lott Law provides skilled legal assistance to ensure that employee voices are heard, and their rights are protected.
