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California FMLA & CFRA :: Employee Length of Leave

What Laws Govern Leave in California?


Numerous laws provide leave rights. In California, there are two key statutes that govern leave: the Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA"). Each provides job security to employees who are absent from work.

How Much Leave Time May An Employee Take?


Eligible employees are entitled to 12 work weeks of leave in a 12 month "leave year." A "leave year" is defined, at an employer's election, by any 12 month period or from the time FMLA or CFRA leave is first taken by an employee.

Is The Leave Paid or Unpaid?


FMLA and CFRA leave are unpaid unless available paid time off is taken or disability benefits are available. However, beginning on July 1, 2004, an employee who suffers wage loss for taking leave may be entitled to partial compensation under the California Family Temporary Disability Insurance ("FTDI"), regardless of whether the employee qualifies for FMLA or CFRA leave.

Which Employees Are Eligible For Leave Under FMLA and CFRA California Law?


To be eligible for leave, an employee must meet all of the following:

- Employee must be employed by employer for at least 12 months (consecutive or non consecutive) as of the date leave commences, and

- Employee must have worked at least 1250 hours during the 12 month period preceding commencement of the leave, and

- On the date leave notice is given, employee must be employed at a worksite where employer employs at least 50 employees within a 75-mile radius.

Harris & Kaufman Can Help You

Harris & Kaufman is a Los Angeles area law firm that's dedicated to representing employees in disputes against their employers to do with FMLA and CFRA leave laws in Ca. 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, gender and race discrimination, pregnancy 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 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, Cal. we serve greater Los Angeles, Orange County, Ventura County, San Diego, San Francisco, Oakland, and have cases statewide.

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