California employees work hard for their paychecks, and they put a lot of themselves into their jobs. But in some instances, a worker’s health concerns or a family member’s health concerns must be put first.
California legislators recognize this basic right for workers to take work leave to care for their families in certain situations while not having to worry about losing their jobs.
The California Family Rights Act (CFRA) was passed so that pregnant mothers could take the time they need to give birth and bond with a newborn. The CFRA also protects workers who must consider taking time off to tend to their own health or a family member’s health. There are other employment safeguards that all California workers should know about.
Schedule a Free Consultation with a California Family Rights Act Lawyer
Maison Law exists to help California employees who have been denied their right to take leave of their jobs under the California Family Rights Act.
We help victims recover what is legally owed to them, including backpay and the restoration of a job they were unfairly fired from. Contact us for a free consultation and we will listen to what’s happened to you and help you determine your best options for securing justice. Any consultation with our skilled labor law attorneys is completely confidential.
Worker Protections Under the California Family Rights Act
California’s Civil Rights Department (CRD) protects employees’ rights across the state. This protection extends to enforcing the safeguards guaranteed to workers under the CFRA.
The California Family Rights Act offers eligible employees up to 12 weeks of unpaid, job-protected leave to allow for the care of their own medical needs or a family member’s needs. The Act also provides the same leave to workers to bond with a new child. In 2021, the law was expanded to cover employees disabled by pregnancy, childbirth, or related medical leave and/or accommodations.
Under most circumstances, employees aren’t paid during their CFRA leave. In most cases, the law would ensure that employees would keep their health benefits while on leave.
The CFRA basically ensures that workers who must leave their jobs for a legally protected reason can keep their jobs and return to work.
Who is Protected Under the California Family Rights Act?
To be eligible for CFRA work leave, employees must meet a few qualifying standards:
- Employees must work at a business with five or more employees or work for a California governmental agency.
- Employees must have worked at the business for at least a total of 12 months.
- Employees must have worked for the business for at least 1,250 hours over a year’s time.
Workers may also qualify for additional federal protections regarding job leave under the Family and Medical Leave Act (FMLA) and they may be eligible for benefits from both agencies. Employees often miss out on legally provided work leave because they don’t know about every benefit available to them.
That’s why it’s critical to secure the help of an experienced California Family and Medical Leave Lawyer. An attorney can make sure California’s Civil Rights Department handles your case properly to ensure you receive all the time off and pay that you are entitled to under the law.
Your attorney also takes action if you must file a lawsuit against your employer to receive what’s fair. Your company may be able to afford a team of corporate lawyers to try to weaken your claim against them. You need a skilled legal professional on your side to make sure your family is fully protected and compensated.
California Family Rights Act for Military Families
The CFRA also protects military families who must deal with unexpected circumstances. Approved leave would be granted if an employee’s spouse or registered domestic partner in the U.S. Armed Forces was called away for a short-notice deployment or other military activities.
This leave could be used for arranging childcare and for securing financial and legal arrangements. The California Family Rights Act also provides time for employees to seek counseling after a military spouse has been deployed.
Retaliation and Job Termination Protections for California Employees on Leave
Workers may be afraid to speak up because of the possibility of an employer retaliating against them. But all employees should rest assured that they are backed by California’s powerful anti-retaliation laws. These protections also extend to immigrant workers no matter if they are documented or undocumented.
Although these laws don’t guarantee that an employer won’t try to intimidate, demote, or even fire a worker for filing a California Family Rights Act violation claim, the company could face serious consequences if they attempt retaliatory behavior.
At the first sight of retaliation, a California labor law attorney would immediately file a retaliation lawsuit against the employer. This lawsuit would seek to force the company to rehire the employee and restore the pay and benefits that were falsely denied. Other benefits for the worker could also be secured.
Compensation for Workers After a California Family Rights Act Violation
Your California CFRA attorney would work to make sure you and your family received full compensation after your family leave or medical leave was denied by an employer.
Through a claim filed with the CFD or by suing your employer, you could secure these and other benefits in a California Family Rights Act settlement:
- Job restored if you were terminated. That means back to the same position you left or a similar job level.
- Back pay and benefits reimbursed from when you were wrongly barred from your job.
- Compensation for emotional trauma inflicted on you during an already difficult time.
- Lawyer and court fees reimbursed.
Contact a California Family Rights Act Attorney
If you have been denied your right to pregnancy leave, sick leave, military leave, or any other time off you are entitled to, please contact a California Employment Leave Attorney. Maison Law offers a free consultation to all victims of employment violations under the California Family Rights Act.
It’s a no-risk way to understand the benefits available to you after you’ve been denied leave to care for yourself or your family or to observe your duty to your country. You may have been penalized for taking this important time away, and we can help you report this violation as well.
Contact Maison Law’s Labor Law Attorneys to schedule your confidential case review to find out about the benefits you may recover in a work leave claim.
