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Am I entitled to medical leave or leave from work for a serious family matter?
The California Family Rights Act (CFRA) allows employees to take leave from work in certain situations for family and health reasons. Under the act, employers with 50 or more employees must allow eligible full-time employees to take up to 12 weeks of unpaid time off in a 12-month period.
Employees can take leave for the following reasons:
- A serious health condition that prevents them from performing job duties
- To care for a seriously ill family member including a parent, child, spouse or domestic partner
- To care for an adopted or foster child, or to bond with a newborn
Under the CFRA, to be eligible for leave, an employee must have worked with the employer for over 12 months. They must also have worked 1,250 or more hours for that employer in the 12 months prior to the leave. California employers must also consider the federal Family and Medical Leave Act, which allows eligible workers to take unpaid time off for the above reasons.
Employers with five or more employees must also enforce Pregnancy Disability Leave (PDL). A woman who is physically unable to work because of pregnancy or a childbirth-related condition is entitled to a maximum of four months of unpaid disability leave. The leave may be taken before or after the child’s birth.
McCormack Law Firm is an San Francisco law firm serving all of Northern California and specializing in the field of employment law. We have extensive expertise in helping people who have had their medical or family leave rights violated.
Other Disability and Medical Leave FAQs:
- Am I entitled to leave for a serious family matter?
- Can My Employer Fire Me for Requesting Medical Leave under FMLA or CFRA?
- Do I qualify for a medical leave from work under FMLA or CFRA?
- I was recently injured and need to request an accommodation. Can my employer fire me if I make the request?
- In California, can my employer fire me because of my disability?
- Is my boss allowed to fire me while I am on leave?
- Is my employer required to accommodate my disability?
- Is there a medical exemption to vaccine work requirements?
- Is there a religious exemption to vaccine work requirements?
- My employer denied me the reasonable accommodation I requested due to “undue hardship.” What is undue hardship?
- What counts as a reasonable accommodation?
- What disabilities and conditions are protected?
- What disabilities are covered under California employment discrimination laws?
- What is a “reasonable accommodation” for disability under California employment law?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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