Employers across California have to ensure that they comply with not just federal workplace regulations but more expansive California statutes as well. Overtime wage laws and a number of other federal employment regulations are often less extensive than California state regulations.
The Family and Medical Leave Act (FMLA) is a perfect example. The FMLA establishes the right to take unpaid leave in certain specific scenarios. California lawmakers expanded on FMLA rules by passing the California Family Rights Act (CFRA). The CFRA also establishes the legal right to take unpaid leave in certain scenarios.
Employers need to be familiar with how the CFRA differs from the FMLA to ensure compliance with this critical state statute. When can workers in California request unpaid leave?
Only certain circumstances qualify
Both the FMLA and the CFRA have similar rules for when workers are eligible for unpaid leave. Workers can take unpaid leave to address their own medical challenges. They can also request unpaid leave to provide support for an immediate family member who requires medical care.
The CFRA differs from the FMLA because it expands the family relationships that qualify for caregiver leave. Both laws also allow people to take unpaid leave when they have babies, secure foster placement or complete an adoption.
Company size and work history rules apply
Employees cannot accept a job and then immediately request unpaid leave the next week. Both the FMLA and the CFRA impose minimum work history requirements. Employees generally need to have held their jobs for at least 12 months and performed at least 1,250 hours of work.
Additionally, the business needs to have a minimum number of employees for the law to apply. The CFRA applies to much smaller businesses than the FMLA does. The FMLA only applies to companies with dozens of workers. However, the CFRA applies to any company with five or more employees.
Employers may need support when reviewing unpaid leave requests from workers to ensure that the circumstances meet legal standards and that they respond in a way that doesn’t put the company at risk of litigation.
Learning more about California’s unique employment laws is critical for growing businesses with multiple employees. Unpaid leave requests can sometimes lead to controversy if organizations don’t conform to both state and federal regulations.
