We Protect Workers

Workers’ rights under the CFRA

While most adults take pride in putting in a hard day’s work, there are times when it is far more important for adults to be somewhere other than their workplace. In recognition of this fact, California lawmakers have instituted a number of worker protections that safeguard employees’ right to take legally protected leave under certain circumstances.

Take, for example, The California Family Rights Act (CFRA). This law focuses on workers’ need to take care of their own medical needs, as well as their need to take care of ill, injured or recovering family members. The CFRA is a California state law that expands upon the rights enshrined in the federal Family and Medical Leave Act (FMLA). However, there are some key differences between the CFRA and FMLA that workers in California should be aware of.

Eligibility for CFRA leave

The CFRA applies to employers with five or more employees, which is a broader scope compared to the FMLA, which applies to employers with 50 or more employees. However, not everyone who works for a qualifying employer is automatically entitled to a period of legally protected leave. They must have worked for their employer for a certain minimum duration, must have worked a minimum number of hours within the year before taking leave, and must have a qualifying reason for leaving their job for a time. Qualifying reasons for requesting leave include:

  • Personal medical leave
  • Family medical leave
  • Parental leave
  • Military exigency leave

Importantly, the CFRA also allows for leave to care for a broader range of family members compared to FMLA, including domestic partners and adult children.

If an employee meets these requirements, they can take advantage of the legally protected leave opportunities that this law affords.

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