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What is Family Care Leave?

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What is Family Care Leave?

Navigating the complexities of employment law can often feel daunting, especially when it comes to understanding your rights around family care leave. At the Law Office of Jeannette A. Vaccaro, we believe that every employee should be informed about their entitlements and protections under the law. Family care leave is a crucial benefit that allows employees to manage personal and family health needs without the fear of losing their jobs. Our attorney helps you explore the specifics of family care leave as it applies to California law, empowering you to make informed decisions regarding your employment rights.

Defining Family Care Leave Under California Law

Family care leave in California is primarily governed by two critical laws: the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). Both laws provide eligible employees with up to 12 weeks of job-protected leave per year to handle serious health conditions affecting themselves or their family members. This leave can also be used for bonding with a new child, whether by birth, adoption or foster placement. The CFRA and FMLA are designed to allow employees to address personal or family health matters without compromising their employment.

Eligibility Criteria

To qualify for family care leave under both CFRA and FMLA, employees must meet specific eligibility requirements. Employees must have worked for their employer for at least 12 months and logged at least 1,250 hours of service in the past year. Under CFRA, the employer must have at least five employees, whereas FMLA requires the employer to have 50 or more employees within a 75-mile radius. These criteria make family care leave accessible to those who need it most while also considering the capacity of employers to provide such leave.

Amount of Leave and Covered Relationships

Eligible employees are entitled to up to 12 weeks of family care leave per year. It is important to understand the types of family relationships recognized under these laws. The CFRA allows leave to care for a family member with a serious health condition. Eligible relations include:

  • Children 
  • Spouse
  • Domestic partner
  • Parent
  • Grandparent
  • Grandchild
  • Sibling 

“Child” includes biological, adopted or foster children, stepchildren, legal wards or anyone to whom the employee stands in loco parentis. Similarly, “parent” encompasses biological, foster or adoptive parents, parents-in-law, stepparents, legal guardians or anyone who stood in loco parentis to the employee.

Protections Against Termination

One of the most significant protections offered by family care leave is job security. Employees taking family care leave are assured that they will be reinstated to their same or a comparable position upon returning from leave. This protection applies unless there are legitimate, unrelated reasons for termination, such as company-wide layoffs. Employers are obligated to continue paying for group health benefits during the leave, provided they usually cover such benefits. Additionally, employees might qualify for paid leave through accrued benefits or state-provided options, further alleviating the financial burden during this time.

Contact the Law Office of Jeannette A. Vaccaro

Understanding your rights concerning family care leave is crucial for safeguarding your employment and personal well-being. If you have questions or need further assistance navigating the complexities of family care leave, the Law Office of Jeannette A. Vaccaro is here to help. Our experienced attorney offers robust representation in your employment legal matter. Contact us today to discuss your situation and explore your options.

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