The California Family Rights Act (CFRA) provides eligible employees with crucial job-protected leave. This is so that someone can care for themselves or their families during times of need. However, many employees are unaware of their rights under CFRA. Employers sometimes violate these rights, leading to stressful and unlawful situations. The following is helping to shed light on CFRA violations and how KAASS Law can help protect your rights.
The California Family Rights Act (CRFA) has aimed to ensure employees with a right to a temporary leave from employment. The CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave during a 12-month period for the following reasons:
To be eligible for CFRA leave, you must meet the following criteria:
According to CACI 2600 to establish this claim of refusing to grant family care or medical leave, or refusing to return to the same or a comparable job when the family care or medical leave ended the plaintiff must prove all of the following elements:
The plaintiff must also prove the following to show the eligibility for family care or medical leave:
The employee must provide reasonable notice to the defendant of the need for medical leave or family care including its expected timing and length. An employee is required to give their employer 30 days advanced notice of taking family leave.
California Family Rights Act leave is generally unpaid leave unless the employee chooses to use sick leave, vacation time, or other paid leave time.
In case CFRA leave is for the employee’s own serious health condition, the employer can require the employee to use accrued leave. Full-time employees can take leave for up to twelve workweeks in a twelve-month period and part-time employees can take leave on a proportional basis. An employee doesn’t need to take leave in one continuous period of time.
Unfortunately, CFRA violations are not uncommon. Some of the most frequent violations include:
If you believe you have been denied a family leave by your employer we invite you to contact our Los Angeles employment lawyer at (310) 943-1171 for a free consultation.
KAASS Law is here to help!
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