Am I entitled to medical leave or leave from work for a serious family matter?
The California Family Rights Act (CFRA) allows employees to take leave from work in certain situations for family and health reasons. Under the act, employers with 50 or more employees must allow eligible full-time employees to take up to 12 weeks of unpaid time off in a 12-month period.
Employees can take leave for the following reasons:
- A serious health condition that prevents them from performing job duties
- To care for a seriously ill family member including a parent, child, spouse or domestic partner
- To care for an adopted or foster child, or to bond with a newborn
Under the CFRA, to be eligible for leave, an employee must have worked with the employer for over 12 months. They must also have worked 1,250 or more hours for that employer in the 12 months prior to the leave. California employers must also consider the federal Family and Medical Leave Act, which allows eligible workers to take unpaid time off for the above reasons.
Employers with five or more employees must also enforce Pregnancy Disability Leave (PDL). A woman who is physically unable to work because of pregnancy or a childbirth-related condition is entitled to a maximum of four months of unpaid disability leave. The leave may be taken before or after the child’s birth.
McCormack & Erlich is a San Francisco law firm serving all of Northern California and specializing in the field of employment law. We have extensive expertise in helping people who have had their medical or family leave rights violated.