California CFRA Leave
An employee may take FMLA and CFRA leave in California 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 and:
• 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
Read about an employee's Length of Leave
What Conditions are Generally Excluded?
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 the Employee During the Leave Period?
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.
Leave Discrimination, Retaliation and Other Interference With the 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.
About Kaufman Law Firm
litigating on behalf of thousands of employees
KAUFMAN LAW FIRM is a California employment law firm that's dedicated to representing employees in in disputes against their employers to do with FMLA and CFRA leave laws in CA state. Matthew A. Kaufman is an experienced labor lawyer and has had numerous trials, arbitrations, and appeals, and has litigated on behalf of thousands of employees. He's recovered millions of dollars on behalf of clients in more than 50 class action lawsuits.
Mr. Kaufman's cases include individual disputes and class action lawsuits. The law firm is based in Sherman Oaks, California and serves greater Los Angeles, Orange County, Ventura County and has cases statewide.
If you need experienced representation by an employment lawyer who will fight passionately for your rights, please contact Mr. Kaufman at 818-990-1999 or Email Here.
|
