FMLA and CFRA

Mehtani Law Offices has filed and litigated numerous cases involving violations of the Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA"). The firm has handled these cases in both state and federal court, and brought claims under both state and federal law.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

The primary federal law that affords employees the right to take protected leave is the Family and Medical Leave Act of 1993 (as amended) (FMLA), codified in Chapter 29 of the United States Constitution starting with Section 2601. The FMLA allows eligible employees to take up to 12 weeks of leave to treat their own "serious medical condition" or a "serious medical condition" of an immediate family member. The leave time can be taken all at once or on an intermittent basis, and can also be taken in as small increments as hourly.

In order to be eligible for FMLA, all of the following criteria must be met:

--Your employer must have at least 50 employees; --You must work at a location of your employer that has at least 50 employees working within a 75 mile radius of your work location; --You must have worked at the employer for at least 1 year; --You must have worked for the employer at least 1250 hours in the immediately prior 12 months; --Your need for time off must be due to a "serious medical condition" of you or your immediate family member.

FMLA is calculated on either a calendar or rolling basis, at the election of the employer. If an employee is eligible for FMLA, then the employer generally has to grant the employee the requested leave time, notwithstanding any hardship on the business.

CALIFORNIA FAMILY RIGHTS ACT (CFRA)

The California Family Rights Act ("CFRA") is substantially similar to the FMLA but it is codified under California law as part of the Fair Employment and Housing Act (the "FEHA"). Most of the same rules that apply to FMLA apply to CFRA. In many cases, the attorneys at Mehtani Law Offices will file claims for violations of both FMLA and CFRA, because typically the two laws overlap. However, there are differences and you should consult an attorney to learn more about them. For example, although both the FMLA and the CFRA include same-sex spouses in the definition of a family member, only the CFRA allows for leave for a registered domestic partner. Also, while a disabling condition related to pregnancy is considered a serious medical condition under the FMLA, pregnancy is not covered or considered a serious health condition under the CFRA. CFRA leave can be used by an employee only following the birth of a child for bonding. In circumstances where a leave qualifies for both the FMLA and CFRA leave, the leaves will run concurrently.

You should contact Mehtani Law Offices at (213) 291-6900 or toll-free at (844) 501-6690 or send us a message if you feel your FMLA or CFRA rights have been violated.