Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with your employer and have worked at least 1,250 hours in the 12-month period befoere the date you to leave began, you may have a right to an unpaid family care or medical leave. This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse. However, it is important to note that the CFRA only protects employees who work for employers who have fifty (50) or more employees.
Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related medical conditions, you are entitled to take a pregnancy disability leave of up to four months, depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain rights to take both a pregnancy disability leave and a CFRA leave for the reason of the birth of your child. Both leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave, with certain exceptions.
An employer may require a 30-day advance notice of the need for a CFRA-qualifying leave. When this is not possible due to the unexpected nature of the leave, notice should be given as soon as possible. Notice can be written or verbal and should include the timing and the anticipated duration of the leave. An employer must respond to a leave request within ten (10) calendar days.
Employers are not required to pay employees during a CFRA leave. An employer may require an employee to use accrued vacation time or other accumulated paid leave other than sick time. If the CFRA leave is for the employee's own serious health condition, the use of sick time can be required. If the employee provides health benefits under a group plan, the employer must continue to make these benefits available during the leave. The employee is also entitled to accrual of seniority and participation in other benefit plans during the CFRA leave.
If you do not qualify for CFRA leave, your employer still cannot discriminate against you by treating your disability leave differently than others who have also taken disability leaves for other reasons.
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