California provides leave under the California Family Rights Act (CFRA). Employers who fail to provide adequate leave to an employee, interfere with the employee’s CFRA leave or discriminate against an eligible employee who has taken leave are in violation of CFRA rights and can be sued. The CFRA rights lawyers at The Nourmand Law Firm, APC, can help you file and win against an employer who is in violation of your CFRA rights and will do everything legally possible to help you recover damages. Contact an experienced CFRA rights attorney from The Nourmand Law Firm, APC, today so that we can evaluate your case and help you recover.
Definition Of The California Family Rights Act
Under the California Family Rights Act, eligible employees are entitled to twelve weeks of leave in a twelve-month “leave year” period. A leave year is defined by the employer, as any twelve-month period from the time CFRA leave is first taken by the employee.
In order to be eligible for leave under CFRA, the employee must meet all of the following criteria:
- Employed by the employer for at least 12 months as of the date leave commences
- Worked at least 1,250 hours during the 12-month period preceding the commencement of the leave
- Must be employed at a worksite where the employer employs at least 50 employees within a 75-mile radius on the date leave notice is given
Examples Of CFRA Violations
Employers are responsible for the following:
- Determining employees eligible for leave
- Evaluating and confirming leave duration
- Reviewing intermittent and reduced schedule leave
- Record-keeping of all notices, designations and certification of FMLA leave
If you are en employee who is eligible for leave under CFRA and your employer refuses to grant you leave, or they decide to terminate or demote you when you return from leave, they are in violation of your CFRA rights. Some examples of CFRA violations include:
- Termination after an employee takes leave because of a serious health condition and is not able to return to work when the employer wants them to be there
- Employer changes an employee’s role after the return to work following leave for the birth of a child
- The employer terminates or changes role after the employee takes leave for taking care of an adopted child or child in foster care
- Termination after an employee returns to work following leave to take care of a family member who is suffering from a serious health condition
- Termination when an employee complains that the employer is in violation of CFRA rights
Employers are also responsible for providing the same health plan benefits and other employee benefits to the employee as if they were actively employed. All employers are prohibited from interfering with an eligible employee’s rights to take CFRA leave or discriminating and retaliating against an employee for taking such a leave.
California CFRA Remedies
In the state of California, employees may recover the following types of damages:
- Lost wages, employment benefits and other compensation as a result of the violation
- Interest on lost wages, salary and other compensation
- Attorney fees
- Costs of the lawsuit
- Equitable or injunctive relief, where appropriate
If you believe your employer is in violation of CFRA rights, you must contact a CFRA rights attorney from The Nourmand Law Firm, APC, right away. We will evaluate your situation and help you file a suit against your employer so that you can recover damages.