Family Medical Leave Act California Family Rights Act

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

The Family is Getting Bigger: Starting July 2014 California’s Paid Family Leave Expands

I’m not quite sure why California felt it was necessary to effectuate key changes to employment laws in the middle of summer when most of us are trying to break away from work and enjoy our vacations. As we recently discussed...more

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act...more

Fenwick Employment Brief - March 2014

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

Did You Know…Update re California Family Rights Act (CFRA) – Proposed Pending Amendments

As you know in the past we have provided updates regarding changes with respect to the leave laws. Now on February 21, 2014, California’s Department of Fair Employment and Housing Council published proposed amendments to the...more

More Confusion Likely Over California's "Paid Family Leave"

Earlier this year Gov. Brown signed into law an expansion of the state's "paid family leave" benefit. While the new law does not become effective until July 1, 2014, already media outlets have reported that employees will...more

Governor Brown Expands Paid Family Leave Eligibility, Boosts Minimum Wage, and Grants Overtime to Nannies

Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits while taking leave under the Federal Family Medical Leave Act (“FMLA”) or...more

Take 5 Newsletter: California's Leave Laws Could Potentially Create the Perfect Storm for Employers

National employers often find it challenging to navigate the employment laws of the various states in which they do business. In most cases, the easiest solution may be to adopt national policies that follow federal law. This...more

Limits On Family Leave: Employees of the Same Employer

Both federal and state law provide employees leave for the birth or placement of a child and for bonding with a child after birth or placement. Under certain circumstances, employers may limit their employees’ leave. One such...more

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more

Weekly Law Resume - December 6, 2012: Employer May Not Deny Reinstatement of An Employee on CFRA Leave Based On “Honest Belief”...

Avery Richey v. AutoNation, Inc. et al. Court of Appeal, Second District (November 13, 2012) This case discusses an employer’s burden of proof to set forth a legitimate reason for denying reinstatement to an employee...more

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