If you work at a business or company that has 50 or more employees, you may request a leave of absence under the Family and Medical Leave Act, or FMLA. This is a federal law that applies to every eligible employee in the country, but certain states like California have their own version of the FMLA. California’s is called the California Family Rights Act (CFRA), and it contains some overlapping and contradictory employee rights that might confuse someone who needs to take a leave from work. Here are some ways you are eligible for leave under the FMLA, and what makes the federal law different than the California-based law. What Is Covered Under The FMLA? If a worker is eligible for leave under the FMLA requirements, he or she can take up to 12 work weeks off of unpaid leave. You can take this leave if you need to take…
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Receiving the proper time and amount of maternity leave seems like a difficult task, especially with rapidly changing employment laws recently. However, if you are a California resident that is pregnant or planning on becoming pregnant, you have state and federal rights that will allow you to take pregnancy leave. Unfortunately, many businesses will not properly follow pregnancy leave laws, or will take advantage of you if you don’t know your rights. Here are some employment rights you or someone you know should be aware of as a pregnant woman. What Does The Law Say? Besides the Family and Medical Leave Act (FMLA), which mostly every U.S worker follows, California workers have additional pregnancy employment laws, such as the California Family Rights Act (CRFA) and the Pregnancy Disability Leave Law for paid and unpaid leave. Under the CFRA, which is California’s version of the FMLA, a pregnant employee is allowed…
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First things first: what is family responsibilities discrimination (FRD)? FRD, also known as caregiver discrimination, occurs when employers discriminate against employees based on their family caregiving responsibilities. This can include discrimination against pregnant women, mothers and fathers of newborns and employees who take care of aging parents. Workers who experience FRD may miss out on job opportunities, be passed over for promotion, suffer harassment or even wrongful termination. There is no overarching federal law prohibiting FRD. However, depending on the form of discrimination suffered, several laws have been used to challenge employment decisions in the past. Unfortunately, there are not as many laws protecting employees experiencing eldercare discrimination than other forms of FRD, like pregnancy discrimination. What Are My Rights Against Eldercare Discrimination? Under the Family and Medical Leave Act of 1993, employees that have worked for a government employer or a private employer with more than 50 employees for…
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