The US Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide job security to employees who are absent from work due to their own serious health condition or to care for the serious health condition of certain family members.

Under the FMLA and the CFRA, eligible employees are entitled to 12 work weeks of leave in a year. Although this appears to be a clear rule, employers often dispute whether an employee is FMLA or CFRA eligible.

To be eligible for leave, employees must meet certain requirements:

• The employee must be employed by the employer for at least 12 months before the beginning of the leave. This time does not have to be consecutive, however. Separate months can be added together to total a year of employment.
• The employee must have worked at least 1,250 hours during the 12 months before a leave.
• Only certain employers must comply with the FMLA and CFRA. The employer must employ at least 50 employees within a 75-mile radius of the employee. Many small businesses do not meet this requirement and do not have to provide the 12-week leave. However under California law, pregnant employees may receive up to four months of protected leave.
• The employee must have a serious health condition and must provide certification of the health condition to the employer.
• An employer cannot ask for too much information and cannot punish an employee for taking protected leave.

If you believe your employer may be violating your rights under the Family Medical Leave Act or the California Family Rights Act contact the Law Offices of G. Samuel by email or phone at 323-648-6676 for a free consultation.

The Law Offices of G. Samuel Cleaver, provides legal services throughout California, including the cities of Los Angeles (L.A.), Glendale, Santa Monica, Burbank, Anaheim, Costa Mesa, and Irvine; Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Ventura County, Santa Barbara County, Kern County and Fresno County; and the Inland Empire.