FMLA California & CFRA Leave ::
Workplace Rights and Conditions
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California Workplace Leave Rights & Conditions |
An employee may take FMLA and CFRA leave for the following reasons:
The employee's serious health condition requiring inpatient care or continuing treatment (including mental illness, treatment for substance abuse by a health care provider, and serious depression), illness, or injury that makes the employee unable to perform the essential functions of the position,
- The serious health condition of a spouse, child or parent
- The birth of a child or to care for such child
- The placement of a child with the employee for adoption or foster care
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What conditions are generally excluded from FMLA & CFRA leave?
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The following are generally not treated as "serious health conditions" under FMLA and CFRA:
- Cosmetic surgery, unless inpatient care is required or complications develop from the surgery
- Common illnesses, such as the flu and colds, earaches, and non-migraine headaches
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What must an employer provide to employee during the leave period under FMLA and CFRA Leave Law?
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During leave, an employer must provide the same health plan benefits and other benefits as if the employee were actively employed.
At the conclusion of the leave period, an employer must reinstate employee to the same or an equivalent position, unless the employee is a "key employee" who is given appropriate notification by employer. A "key employee" may be denied reinstatement if it would result in substantial economic injury to the operations of the employer.
A "key employee" is a salaried employee who is one of the highest paid 10% of all employees within a company who need not be reinstated by employer if given appropriate notice.
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Leave discrimination, retaliation & other interference with employee's rights |
An employer is prohibited from interfering with an eligible employee's right to take FMLA or CFRA leave or discriminating or retaliating against an employee for taking such a leave. If an employer does interfere with an employee's right to take leave or discriminate or retaliate against an employee for taking leave, an employee may have a cause of action against his or her employer.
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Remedies |
Available remedies include:
- Damages for lost wages, employment benefits, and other compensation lost as a result of the violation
- Interest
- Attorney fees, expert witness fees, and costs of suit
- Equitable or injunctive relief, where appropriate (i.e., employment, reinstatement, or promotion)
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Harris & Kaufman Can Help |
Harris & Kaufman is a California law firm that's dedicated to representing employees in disputes against their employers to do with leave in California. Our California labor lawyers also represent employees and workers in wage disputes, overtime pay, vacation pay, unlawful termination, rest and meal period cases, sexual harassment, workplace discrimination, and cases regarding tips and tip pooling. Our lawyers can assist you if you believe that your employer has broken the California Labor Laws.
Our employment attorneys are experienced and have had numerous trials, arbitrations, and appeals and have litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. Determined and aggressive, our cases include individual disputes and class action lawsuits.
We are aggressive and experienced lawyers and can help enforce your rights under California state law or state regulations. Based in Sherman Oaks, California we serve greater Los Angeles, Orange County, Ventura County and have cases statewide.
To email William E. Harris about a claim you may have Click Here
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