We know a sad truth: Too many employees who have the right to take a leave of absence under the California Family Rights Act (CFRA) are wrongly denied leave, discriminated against or fired.
Parental leave and medical leave under the CFRA
Employers often fail to notify workers of their right to time off, including their right to take up to 12 weeks of medical leave and 12 weeks of family leave – under the FMLA – after the birth or adoption of a child. Employees may not be told of their rights under California’s labor statutes to use accrued sick time to care for a child, parent, spouse or domestic partner. When those workers must take time off, they are frequently fired on “no call, no show” grounds.
At the Los Angeles law offices of the Rubin Law Corporation, we know this is wrong and we can take legal action to fight for you. The experienced employee rights lawyers at our Beverly Hills employment law firm can stand up to your employer, help protect your rights and guide you through the tough times you may be experiencing.
- Did your employer refuse to grant you legally required medical leave?
- Were you denied time off to care for your newborn or newly adopted child?
- Were you discriminated against because you took a leave of absence to care for your sick husband, wife, child or parent?
If you have been denied leave to bond with a new child, to care for your own serious health condition, or to care for an immediate family member with a serious illness, call 310-385-0777 or contact our firm to discuss your rights and possible remedies under the law.
You must act quickly to protect your rights. Complaints must be filed with the California Department of Fair Employment and Housing within one year of the denial of leave or discrimination.
Know your rights under the California family rights act
The California Family Rights Act (CFRA) guarantees secure leave rights for people in specific situations:
- Child bonding leave: This type of leave is meant to allow you to bond with a new child in your household, whether the child is a newborn or placed in your home for adoption or foster care. Leave to care for and bond with a child must be completed within one year of the child’s birth, adoption or placement in your home.
- Medical leave: The CFRA provides that employees are entitled to medical leave to care for their own serious health condition or the serious health condition of your child, parent or spouse. A serious health condition is defined as an illness, injury (including a work-related injury), impairment, or physical or mental condition that requires either: in-patient care in a hospital, hospice or residential health care facility; or continuing treatment or supervision by a doctor or other health care provider.
Rights to reinstatement after return from medical or parental leave
Under California law, in most cases an employee must be returned to the same position he or she had before the leave of absence. If the same position is not available, usually the employee must be offered a job, which is comparable in pay, location, duties and promotional opportunities. If the employer can show that a comparable position is not available, or that the employee would have been laid off or terminated while on leave, the employee does not have to be reinstated.
Eligibility requirements under the CFRA
Unfortunately, not all California employees are protected by the medical and parental leave provisions of the CFRA. The leave requirements only apply to employers who employ 50 or more full-time or part-time employees.
Employees are not eligible to take leave if they have worked for the employer for less than 12 months. Other requirements also apply regarding advance notice of leave, written documentation of the need for a medical leave from a health care provider, and other terms.
Remedies for violations of the leave provisions of the CFRA
The California Department of Fair Employment and Housing investigates complaints regarding discrimination and denial of parental leaves and medical leaves under the CFRA. In many cases, we can help employees reach a voluntary settlement with their employer regarding violations of the CFRA.
In other cases, litigation may be necessary to resolve the case. Possible remedies can include reinstatement of employment, back pay, attorney fees, fines and damages for emotional distress.
If you were demoted, terminated or suffered other adverse consequences because you needed to take time off for medical treatment, you may have a claim for disability discrimination. If you were treated unfairly at work because of your pregnancy or the birth of your child, you may have a claim for sex or pregnancy discrimination.
You don’t deserve to be forced to choose work over caring for your newborn or a seriously ill loved one. You don’t deserve to be fired because you took time off because of your own serious injury or illness. If your rights to medical or parental leave have been violated, our law firm can help.
Call us today. Hablamos español. Se puede visitar nuestro centro hispánico.
If you have been denied leave or wrongly fired, call our law office at 310-385-0777 or send us an e-mail. Our knowledgeable attorneys can talk with you about the California Family Rights Act and help you understand your rights and options. Together, we can create a solution that works for you.