Legal news and tips for employees, by Law Office of Eugene Lee

Category Archives: CFRA, FMLA, Medical Leave

California CFRA / FMLA / Medical Leave

7 responses to “Leave Rights in California: Part 2”

  1. Debra Lorraine Lopez says:

    i took fml to care for my mom 75years old with a broken pelvicbone. i took leave 7-8-15 returned 8-19-15. i was at wiled the day of return. I was a key employee and was making salary of about 4,000 month. the way i was let go was at a meeting and was told that he had sold part of the company to another Service master. and he couldnt afford to keep me. however here came the new buyer who offered me a job, at 15 hour and no company car i would be using my own phone for buissness and it was a nightmare. the sale wasnt complete yet and didnt go through untill over two months. come to find out i had been apart of this deal months ago. It was so wrong that i didnt get a notice or a chance to prepare myself for this big finacial nightmare i have many more issues but to many to list. does anyone know if ive been fired wrongfully as i was on leave until the 1rst of september but was returning two weeks early. my at will stated transfer however my status of pay was taken and i also hadto quit due to the so many policy issues that the new owner didnt want to enforce hes running it so un safe and not at all to the service master policies

  2. Bizinl says:

    My employer, reduced my annual salary by over $13,000 when I returned to work after being off work

  3. rowena says:

    i requested for a vacation 5 days come this July and was turned down as they said they cant find anyone to work for me and besides they think its going to be the busiest month at work, im a nurse in a outpatient dept. Is this right?

    • Eugene Lee says:

      That can’t be answered without more information. The labor code does not require employers to give employee vacation time. However, many employers decide to provide vacations as a way of attracting and keeping loyal employees. Ultimately, you would need to consult your employer’s vacation policy and see what it say. The policy is generally treated as a “contract” between the employer and employee. If the employer isn’t following its own vacation policies, you may have a claim for breach of contract among other things. It would be best if you were to consult with an attorney on this. Most attorneys give free initial consultations. Good luck with your claim.

  4. erica says:

    I thru up twice at work i asked to leave home early the lead got upset because she thought she would be short she then yelled n embarrass me on the floor with my co workers wrote me up and said i needed to provide a drs note for leaving early

  5. The Family and Medical Leave Act and the analogous California Family Rights Act are helping a lot of us to keep our jobs when we get sick. Our companies shouldn’t remove these privileges from us.

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19 responses to “Leave Rights in California: Part 1”

  1. yes well described
    so you don’t have to worry about anything because you have leave rights

  2. Mrs. Ramirez says:

    Great information!! My mom has worked for Walmart for 6 years & it seems they have every right to change their rules. No more sick pay, No more excused sick days not even with a doctors note, No more set availability if your availability isn’t open you will only get less than 35 hours if even that. There has to be something that can been down, they are horrible to their employees. They allow 25 year old Department Managers to constantly belittle her, place items on rack to fall on my mom deliberately & make her do their job, she has complaint but the sweep it under rug. This is just a little of what goes on to their associates under Walmart’s supervision. It’s unsafe, unhealthy & discriminating.

    • Eugene Lee says:

      Walmart is notorious for treating its employees poorly. You might want to ask a lawyer about some of the things they’re doing. California has a new paid sick leave law that went into effect on 1/1/16, for instance.

  3. Steven Sweat says:

    Employers should ALWAYS keep in mind as well that, just because the employee has exhausted the allowed leave under FMLA/CFRA/PDLL, issues may still arise as to disability discrimination. If the medical condition prompting the leave is a known disability, engagement in the interactive process and reasonable accommodation are required.

  4. Luis says:

    Indeed a very informative and useful post shared. Its really interesting to read the benefits CA provides at length.

  5. writeragtlawyers says:

    Very informative post. Hope part 2 is equally interesting to read!

  6. Immigration Florida says:

    Well written..Great deal of great information .Thanks for sharing..

  7. Branigan Robertson says:

    Good article, Eugene.

  8. jukey says:

    To my understanding CA gives you all these wonderful benefits ( 4 months, CFRA) only if eligible if you have 5+employees as of 2012 (you are also entitled to a continuation of benefits/insurance under the new laws). Which brings me to my question. My employer is split between NYC and CA and we have a total of 8 employees (4 in NYC and 4 in LA), we are paid by an LP (Liimited Partnership) out of NY. I understand that CA law prevails in most cases. But would we be looked at as a company of 8 employees or only 4 in CA? I’m 7 months pregnant and would like to take advantage of this law, as my employer in NY is asking 6 weeks of me, which is unrealistic. Any advice?

  9. informative and very useful post. thanks for sharing this knowledgeable stuff with us.

  10. I didn’t know that employees are entitled to take a maximum of 12 weeks of unpaid medical leave to care for a newborn, newly adopted child, seriously ill family member or for their own serious illness.

  11. HR Services California says:

    I was very pleased to find this site.I wanted to thank you for this great read!! I definitely enjoying every little bit of it and I have you bookmarked to check out new stuff you post.

  12. Adam says:

    Well written article.Your site is too good.Its full with information. I hadn’t thought of some of these Interesting piece. It can be difficult to find good blogs nowadays. 

  13. Good. I think company should be good to their employees, they should use good labor law posters.

  14. gbnoteversions says:

    Interesting that you can stack, so to speak, your federal and state benefits in California.

  15. This was a very comprehensive article, good job. I’d just like to add that while both the FMLA and CFRA leave benefits are indeed unpaid, some California employees, particularly pregnant women may avail of Paid Family Leave (PFL) benefits if they’re also covered by the State Disability Insurance aside from the job-protected benefits of the FMLA or the CFRA.

  16. Really helpful info.You have cleared all my queries and doubt and I am looking forward to read the 2nd part of this topic..

  17. Patrick Hake says:

    Cheers. This helped out a friend of mine a lot. You have a very informative website here, you know, stuff you would have to really dig to find. And all presented in such an easy to understand way!

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One response to “U.S. FMLA/CFRA Leave Lags Far Behind Rest of World”

  1. […] FMLA/CFRA Leave Lags Far Behind Rest of World By admin The FMLA does not protect all workers, only those who have worked at least one year for their employer, have worked at least 1250 hours in the past year, and whose employer has at least 50 employees working within 75 miles of the … […]

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