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FMLA California &
CFRA Leave ::
Workplace Rights and Conditions
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
What
conditions are generally excluded from FMLA leave & CFRA
leave?
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
What must an
employer provide to employee during the leave period under
FMLA and CFRA Leave Law?
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.
FMLA &
CFRA 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.
FMLA
California & CFRA CA State 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)
Harris &
Kaufman Can Help With FMLA and CFRA Leave
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
FMLA
& CFRA Leave Rights in California Page Summary:
California FMLA and CFRA Leave Rights. California Labor
Lawyers Harris & Kaufman are experienced employment
attorneys and labor lawyers who can assist you with the
California Labor Laws to do with California FMLA and CFRA
leave rights. Find an article on FMLA and CFRA leave rights
in Ca state. CFRA leave in California State
article.
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