There are several key federal regulations that establish baseline protections for employees. California state lawmakers have expanded and improved upon many of these laws. The Family and Medical Leave Act (FMLA) is a perfect example.
This critical federal statute allows employees to take unpaid leave in unusual, challenging circumstances without risking their careers. California makers improved on the FMLA when they passed the California Family Rights Act (CFRA). Much like the FMLA, the CFRA extends the right to take unpaid leave to workers in certain circumstances.
Employees hoping to make use of this right need to understand what the law permits. How much leave can workers request under the CFRA?
Employees can take up to 12 weeks of unpaid leave
The CFRA improves on the FMLA by expanding eligible circumstances and relationships to include more situations. However, the rules about the leave available are roughly the same. The FMLA allows for up to 12 weeks of unpaid leave per 12-month period.
The CFRA provides the same protection. Employees who have held their jobs for at least 12 months and who have at least 1,250 work hours accrued within those 12 proceeding months may be eligible for unpaid leave. If they have children, experience a medical emergency or need to support a family member, they can take up to 12 weeks of leave without pay per year without risking job consequences.
It is important to note that the amount of leave remains the same regardless of how many qualifying circumstances an individual experiences per year. As such, those making use of their CFRA leave may need to make careful determinations about how much leave they take.
Sometimes, employers retaliate
Technically, the CFRA protects the right of workers to request leave and to return to the same position or a comparable one. Workers should not lose their jobs, face a wage cut or get demoted because they request unpaid leave.
Unfortunately, some employers still punish workers for requesting leave. Some companies refuse to approve the leave, putting the worker in a very difficult situation. Other businesses may permit the leave but may then treat the worker differently when they return to their job. Those facing retaliation and denied leave requests may need help.
Learning about California’s unique employment laws can help workers assert themselves and hold their employers accountable for violating their rights. Punishing workers for taking unpaid leave and refusing reasonable leave requests are both inappropriate actions that violate worker rights under the CFRA.