Up until now, California workers were eligible to take CFRA / FMLA leave to only care for their immediate family members, subject to a number of other criteria. Assembly Bill 1041, would expand CFRA to permit an employee to take job-protected leave to care for a “designated person.” The bill…
California law on bereavement leave at work can be divided into two categories: private and public employment. If you are an employee at a private company, as of this date, your employer has no obligation to provide any bereavement leave, although the employer may choose to include time off for…
If you are bringing a lawsuit against your employer for violating your medical leave rights, there are a number of possible important reasons why you should consider including only FMLA, only CFRA or both claims in your lawsuit, even if they appear to be in many ways similar: Avoiding removal…
Until now, the main law in California that afforded parents to take time off for babying bonding, adoption or foster care placement has been California Family Rights Act (CFRA / Government Code 12945.2). That protection, however, only applied to employers of 50 or more employees within a 75 mile radius…
In addition to California law, San Francisco sick leave law applies to all employees who are employed within the geographic boundaries of the City and County of San Francisco by an employer. Every employee, whether exempt or non-exempt, full time or part time, permanent or temporary, who is employed in…
Many employees (and employers) misunderstand what FMLA protection means. They assume that this protection provides them with a certain immunity from being terminated – i.e. that they cannot be terminated while on FMLA leave no matter what. This is not entirely correct for at least two main reasons: First, an employee…
CFRA medical leave is intended to give employees an opportunity to take leave from work for certain presonal or family medical reasons without jeopardizing their job security. Nelson v United Technologieis (1999). Generally, CFRA makes it illegal for an employer of fifty or more employees to refuse to grant a…
On Monday, Adobe Systems became the latest tech giant to sweeten its parental leave policy for its employees. The San Jose-based company is now offering new moms 26 weeks of paid time off through a combination of medical and parental leave. This is up from the nine weeks leave with…
An employer who without intent to deceive makes a definite but erroneous representation to this employee that he is eligible for FMLA leave and has reason to believe that the employee will rely upon it, may be estopped to later claim that an employee wasn’t eligible for FMLA and therefore…
California Family Rights Act (CFRA) is a part of FEHA (Fair Employment and Housing Act) and generally provides that it is unlawful for an employer to refuse an employee’s request for up to 12 weeks of family care and medical leave in a year. An employer is also forbidden from…