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FMLA/CFRA
The Family and Medical Leave Act (FMLA) and California’ Family Rights Act (CFRA) protect employees who need to take leave to tend to a medical condition, care for a loved one who is seriously ill, or following the birth of a child.
Eligible employees under the FMLA and CFRA may take up to twelve weeks of protected, unpaid leave per year for qualifying medical or family reasons. Employers that are subject to these laws are not only required to grant the requested leave, but also are prohibited from terminating or otherwise retaliating against the employee for taking the leave or interfering with the employee taking the protected leave.
California’s CFRA allows employees to use their 12 weeks of their leave to care for an additional “designated person” with a serious health condition. This “designated person” can be any person related by blood to the employee or any person who is like family to the employee, such as the employee’s unmarried partner or best friend. Employers do, however, have the right to limit employees to using CFRA leave to care for one designated person per 12-month period.
The FMLA requires employees to have worked for their employer for a minimum of one year, worked a minimum of 1,250 hours during the previous year, and work at a location that has at least 50 employees within a 75-mile radius.
Due to recent changes in the law, California’s CFRA no longer requires employers to have at least 50 employees within 75 miles of the employee’s worksite for an employee to be eligible for CFRA leave, but the employee must still have worked for the employer for more than 12 months and have worked at least 1,250 hours in the 12 months prior to their leave. Also, the scope of the CFRA includes private employers with 5 or more employees. This is another example of California’s employment laws being more generous to employees than federal law.
California also offers additional Pregnancy Disability Leave (PDL). An employee disabled by pregnancy, childbirth, or a related medical condition is entitled to up to four months of disability leave per pregnancy. PDL is available when an employee is actually disabled. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.
Employees who are retaliated against for utilizing leave or whose leave is interfered with, can be made “whole” again — compensating them so they are in the same position as though the legal violation never occurred, which includes compensation for lost wages, emotional distress, and attorney fees.
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California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
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W
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Western states
employment law, PC
Shane Larsen
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