The California Family Rights Act (“CFRA”) provides for up to 12 weeks of unpaid, job-protected family care and medical leave per year. The term “family care and medical leave” means: (1) leave for reason of the birth of a child of the employee, the placement of a child with the employee in connection with the adoption or foster care of the child, or the serious health condition of a child of the employee; (2) leave to care for a parent or a spouse who has a serious health condition; or (3) leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. California Government Code Section 12945.2(a) & (c)(3).

The term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: (a) inpatient care in a hospital, hospice or residential health care facility; and (b) continuing treatment or continuing supervision by a health care provider. California Government Code Section 12945.2(c)(8).

The CFRA applies to employers with 50 or more employees. California Government Code Section 12945.2(c)(2).

In addition, California employers who provide paid sick leave for their employees must allow employees to use part of that sick leave to care for a sick child, parent or spouse. Labor Code Section 233.

If you believe you have been illegally denied medical or family leave in California, please call Hubbs Disability Law for a free consultation at (800) 883-3492, or fill out our contact form.