employment litigation

CALIFORNIA FAMILY RIGHTS ACT

California Family Rights Act – CFRA

The California Family Rights Act (“CFRA”) is California’s statute that largely mirrors the Family and Medical Leave Act (“FMLA”) [FMLA page], which is a federal statute that applies to the entire United States. CFRA applies only to California. CFRA guarantees you 12 weeks of unpaid, job-protected leave each year as long as:

(1) your employer has at least five employees,

(2) you have been working for them for at least 12 months,

(3) you worked for them at least 1,250 hours in the last year, and

(4) there is a qualifying reason, such as a new baby or if you or a family member is seriously ill or injured.

If your employer violates the law by either:
  • refusing to grant you CFRA leave despite you being eligible, or
  • failing to reinstate you after your leave ends, or
  • retaliating against you for taking leave by wrongfully terminating you or by harassing or discriminating against you.
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California Family Rights Act (CFRA) FACTS
Covered employers 5 or more employees
Purpose of leave
  • Birth of child (“baby-bonding”)
  • Adoptive- or foster care child placement
  • Caring for covered family member with serious health condition
  • Your serious health condition (not including pregnancy)
  • Qualifying military exigency
Covered family members with a serious health condition
  • Spouse or registered domestic partner
  • Children (or children of domestic partner)
  • Parents and parents-in-law
  • Siblings
  • Grandparents
  • Grandchildren
  • A designated person (any individual related by blood or whose association with the employee is the equivalent of a family relationship)
Length of leave 12 weeks
Compensation Unpaid
 

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