FREE CONSULTATIONS:

888.465.5110

NO FEE UNLESS YOU WIN

Taking Time Off to Care for Family or to Care for Yourself – FMLA/CFRA Notice Requirements

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both allow eligible employees to take up to 12 weeks per calendar year of unpaid leave.  The employee can take the leave intermittently and may use sick, vacation, or accrued PTO to continue receiving income while on leave.  FMLA/CFRA leave is considered “job protected” leave, meaning that once the FMLA/CFRA leave concludes, the employee must be returned to either the same job position or to a comparable position.  After the 12 week period expires, the employer has no obligation to reinstate the employee.

FMLA/CFRA leave allows an employee to take leave from work because of (1) the employee’s serious health condition, (2) to care for an immediate family member (spouse, child, parent, or, in California, domestic partner) who has a serious health condition, or (3) for the birth or adoption of a child or for the foster care placement of a child.

FMLA/CFRA leave does not apply to all employees however.  The first hurdle is the requirement that the employer regularly employs 50 or more part- or full-time employees within a 75 mile radius.  Additionally, the employee must have been employed for a total of 12 months and have worked 1,250 hours in the year before the date in which FMLA/CFRA leave is sought.

Generally, an employee is required to provide his or her employer with at least 30-days advance notice of the need of FMLA/CFRA leave.  However, if the need for leave is unexpected, the employee only needs to notify the employer as soon as is practicable.  Notice to the employer can be given either verbally or in a written document, and should include the timing of the leave and its anticipated duration.  The employer is required to respond to a request for leave within 10 days and may request proof of the need for leave, including supporting medical documentation.  Failure to provide notice to the employer may result in the employer successfully claiming that the employee’s absence was unexcused and therefore not protected by FMLA/CFRA.

Read more

Los Angeles port trucking companies sued for driver misclassification

Los Angeles has been locked in a legal battle with three large port trucking companies over the alleged exploitation of drivers. California Cartage Transportation Express, CMI Transportation and K&R Transportation were accused...

READ ARTICLE

African American worker says Tesla is a ‘hotbed for racist behavior’ in lawsuit

An African-American employee sued Tesla for racial harassment, describing its California factory as a “hotbed for racist behavior.” The company, which was hit with a string of lawsuits last year, has been...

READ ARTICLE

California lawmakers urged to take action on sexual harassment in government

California lawmakers are dealing with a growing sexual misconduct scandal that has led to questions about whether there are enough protections available for victims and whistleblowers. One of the driving forces behind...

READ ARTICLE

Amazon employee sues for denied overtime and breaks at distribution center

Amazon workers in California are seeking overtime pay, rest breaks and owed wages, claiming the company violated state laws by repeatedly denying them their rightful compensation. A class-action lawsuit covering workers at...

READ ARTICLE
SEEN ON
bloomberg
sfgate
kpix
cnnmoney
marin-ij
dailypost
news10