If everything was left up to employers and companies, then they would require their employees to work all year round without any break. But these workers aren’t robots. They are humans with lives outside of work, and sometimes those lives require their presence. This is why there are several detailed families and medical leave laws in California (which you can learn more about by talking to California labor law attorneys).
These laws give employees the freedom to take both paid and unpaid leaves if they need it. First is the FMLA or the family and medical leave act that requires employers to allow a twelve-week or unpaid leave every twelve months. But this law is way too broad and doesn’t provide proper details.
This is where the CFRA or the California family rights act comes into the picture. It has clearly defined points and acts upon even the smaller employers. The leave period is the same as the FMLA (twelve weeks every twelve months).
Requirements for leave in CFRA
The employee is suffering from a serious medical condition. The definition of whether or not a condition is serious is up to the medical professionals. It usually includes illnesses and disorders that require constant care and continuous treatment.
The employee has to take care of a close family member suffering from a serious medical condition. These close family members also include grandparents and grandchildren.
The employee just became a parent, either through birth or adoption, and wants to spend some time creating a bond with that child.
Reinstatement after the leave
The FMLA law requires that whenever an employee gets back after their leave, they should be reinstated in the same or a similar position in the company. Demoting them or delegating them a different job can be considered a violation and cause trouble for the employer. Consult labor law attorneys Nakase Wade for more information on this topic.
CFRA and FMLA stacking
No, the employee cannot take these two leave laws and double their allotted leave. They are provided a maximum of twelve-week. There is a theoretical way that can give an employee twenty-four-week leave. This way is only possible when the initial leave was due to a reason that is not covered by the FMLA, and the second leave is compliant with FMLA. This is theoretical, however, and not recommended or even practical.
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