In California, employees are protected under both the Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA) in taking time off work for serious family or health issues. These laws ensure employees can go back to their jobs after leave is taken and get the same pay and benefits. Employees are also guaranteed the same status and cannot be demoted to a lower rank.

Family medical leave, FMLA qualifications:

• Pregnancy, childbirth, or maternity leave to spend time with newborn.
• Bonding with an adopted child, or child placed in foster care
• Having a serious medical problem
• Caring for a member of your family, such as a spouse, domestic partner, child and parents

It is illegal for an employer or supervisor to retaliate or discriminate against an employee for taking time off of work for legitimate reasons of family and medical leave.

 FMLA and maternity leave qualifications:

• An employee must have been employed for a 12 month period
• An employee must have worked a minimum of 1,250 hours, which does not include holiday, vacation, or sick leave
• The employer must have a minimum of 50 employees within 75 miles of the employment location
• The reason for leave by an employee must meet a level of family or medical seriousness.

Our attorneys can talk to you about your legal options or concerns and how we can best help your business. Call our civil attorneys now at (855) 200-2889. You can also email us using the contact form below.

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