Protected Leave of Absence

California Family Rights Act (“CFRA”)

The CFRA requires employers of 50 or more employees to provide up to 12 workweeks in a 12-month period of job-protected leave of absence for any of the following reasons:

Bonding after the birth of a child

Placement of a child in the employee’s family for adoption or foster care

The serious health condition of the employee’s child, parent, and for the employee’s own serious health condition except pregnancy-related conditions, which are covered under the federal Family Medical Leave Act (FMLA) or California’s Pregnancy Disability Leave (PDL) law.

Who is eligible for CFRA?

An employee must have worked for at least 12 months and worked for 1,250 hours in the 12 months before the start of leave.

Prohibited discrimination and retaliation under the CFRA

Discrimination and retaliation on the basis of the CFRA may occur when your employer interferes, discourages, or subjects you to any type of adverse employment action against employees who exercise or attempt to exercise their rights under the CFRA.

Family Medical Leave Act (“FMLA”)

Under the FMLA, employers of 50 or more employees must provide job-protected leave to employees for any of the following reasons:

The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;

To care for a spouse, son, daughter, or parent who has a serious health condition;

For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or

For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

Pregnancy Disability Leave (“PDL”)

Employers of five or more employees must provide up to four months disability leave to an employee who is disabled due to pregnancy, childbirth, or related medical condition.

The New Parent Leave Act (“NPLA”)

The NPLA requires employers of 20 or more employees to provide up to 12 workweeks in a 12-month period of job-protected leave for any of the following reasons:

birth of a child

placement of a child in the employee’s family for adoption or foster care

the serious health condition of the employee’s child, parent, or spouse, and for the employee’s own serious health condition.

Who is eligible to take leave under the NPLA?

Employees who have worked for at least one year and worked 1250 hours in the past year.