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The California Family Rights Act – Q&A

Posted by Eric Kingsley | Sep 19, 2013 | 0 Comments

Here are several questions and answers that will help you become more familiar with the details of the California Family Rights Act.

What is the California Family Rights Act (CFRA)?

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The California Family Rights Act establishes the right to take leave from your employment for the following situations:

  • To bond with a newborn, adopted or foster care child
  • A serious health condition of your own, a child, parent or spouse

Will I have to provide proof of a serious illness?

Your employer may request that you provide documentation from the health care provider attending to you, your child, spouse or parent.

Are all employers required to follow The California Family Rights Act?

CFRA is applicable for employers who do business in California with 50 or more part or full time employees. If you work for The State of California or any of its political and civil subdivisions, cities or counties you are covered regardless of the number of employees.

How do I know if I'm eligible to take leave under CFRA?

You are eligible to take leave under The California Family Rights Act once you have worked for your employer for a minimum of 12 months and have worked at least 1,250 hours in the 12-month period before your scheduled leave.

How much leave can I take?

You may take up to 12 weeks in a 12-month period.  It does not have to be taken at once.

Would my leave be paid?

No, you will not receive pay for leave taken under the California Family Rights Act.  The only way you would be paid would be if you were taking your accrued vacation, sick, or other paid time off concurrently.

Will I still get my other benefits while on leave?

Yes.  Your employer is required to continue your health care coverage as well as any other employee benefit plans such as retirement plans, life insurance, and long and short-term disability.

Do I have to provide notice or request leave in advance?

Your employer may require 30 days notice of your need for CFRA leave.  In unexpected situations, verbal or written notice should be given as soon as possible. Your employer has up to 10 calendar days to respond to your request.

Will my employer hold my job for me while I'm on leave?

After CFRA leave, you are guaranteed your same position or a comparable one in terms of pay, duties, location, etc.

If you have any questions about the California Family Rights Act or about a situation you are experiencing at work, the attorney's at Kingsley & Kingsley are here to help you. Please call us to discuss your situation toll free at 888-500-8469 or locally at 818-990-8300.

Additional Resources:

California Department of Fair Employment and Housing on CFRA 

CFRA Pamphlet 

About the Author

Eric Kingsley

In practice since 1996, attorney and firm co-founder Eric B. Kingsley has litigated complex cases and authored numerous appellate briefs in both state and federal court on behalf of the California law firm of Kingsley & Kingsley, including over 150 class actions. Mr. Kingsley concentrates his pra...

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