Employers should be familiar with federal and state paid family leave laws in California. Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide family leave options for employees that employers should be aware of.
When can an employee receive paid family leave?
Unpaid, job-protected, family leave may apply when the employee needs to:
- Take medical leave for themselves because of a serious health condition;
- Care for a family member that is ill with a serious health condition; or
- Care for a newly born child or an adopted child or foster care placement of a child.
Under the California Family Rights Act eligible employees are permitted to take up to a total of 12 weeks of paid or unpaid leave during a 12-month period for these reason. The leave is also job-protected.
What are serious health conditions?
A serious health condition includes illnesses, injuries, impairments or physical or mental conditions that require:
- Any period of incapacity or treatment following inpatient care or in connection with inpatient care;
- Any period of capacity that requires and absence from school, work or other usual daily activity of greater than 3 consecutive calendar days;
- Ongoing treatment under the supervision of a health care provider for a chronic or long-term medical condition that cannot be cure and some other circumstances as well.
Employment laws can be complex but are important for employers in California to understand. Trained guidance can help them navigate employment laws to ensure they are in compliance when it comes to their employees.