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In addition to working for a covered employer, an employee must meet two eligibility requirements to take CFRA job-protected leave: The employee must have 12 months of service with the employer. The 12 months of service do not have to be consecutive, and, unlike under the FMLA, there is no seven-year look-back limit.
Under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), covered employees can take up to 12 weeks of unpaid leave in a 12-month period for certain specified reasons, such as to care for their own or a family member's serious health condition or for baby bonding.
Full- time employees may take leave up to 12 work weeks in a 12-month period. Part-time employees may take leave on a proportional basis. The leave does not need to be taken in one continuous period of time.
If the reason for voluntarily taking a period of leave is without just cause, you will not be paid regular benefits for the entire period of the leave. However, you may still be paid maternity, parental, sickness and compassionate care benefits as long as you qualify for these benefits.
First of all, the leave of absence is unpaid. You don't get paid during your leave, but your employer may be required to maintain health coverage and other benefits.
If eligible, you can receive benefit payments for up to eight weeks. Payments are about 60 to 70 percent of your weekly wages earned 5 to 18 months before your claim start date. You will receive payments by debit card or check it's your choice! PFL provides benefit payments but not job protection.
If the claimant files a claim while on a "true" leave of absence, eligibility is based on the reason for the leave. If the claimant on a "true" leave of absence, quits the employment and then files a claim, eligibility is based on the reason the claimant quit the job.
If the claimant quits rather than return to work at the end of a "true" leave of absence and then files a claim, eligibility is based on the reason for the quit. If the employer has no work for the claimant at the end of a "true" leave of absence, there is no separation issue. The reason for leaving is a lay-off.
Employees may take unpaid time off to care for a seriously ill parent, spouse or child, for the employee's own serious health condition or to bond with an adopted or foster child or newborn. Full- time employees may take leave up to 12 work weeks in a 12-month period.
Employees are eligible to take leave if they work at a location where there are 50 or more employees within 75 miles, have worked for their employer for at least 12 months and have worked at least 1,250 hours in the previous 12 months.