Employers use this form to assess the applicability of FMLA/CFRA leave and to provide the employee with the required notices.
San Jose California FMLA Request and Summary of Rights Notice
Category:
State:
California
City:
San Jose
Control #:
CA-JM-0035
Format:
Word
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FAQ
FMLA is a federal program, while CFRA is state based in California. Simply being pregnant under FMLA qualifies, while CFRA only covers time off for pregnancy complications. It is more difficult to be covered as a domestic partner by FMLA than by CFRA.
No. Disability Insurance and Paid Family Leave provide wage replacement benefits only; they do not provide job protection.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
FMLA is a federal program, while CFRA is state based in California. Simply being pregnant under FMLA qualifies, while CFRA only covers time off for pregnancy complications. It is more difficult to be covered as a domestic partner by FMLA than by CFRA.
FMLA and CFRA Leaves Bonding with a newborn, adopted child, or child placed for foster care. Caring for a family member with a serious health condition. The employee's own serious health condition. A qualifying exigency relating to a close family member's military service.
If an employee requests time off for a reason covered by FMLA or the CFRA, the employer may not legally deny the request. All employers in California must abide by all FMLA and CFRA regulations without exception.
For Employees in California. The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.
If you are denied leave guaranteed under FMLA or CFRA, you have rights. Under CFRA, a worker denied protected leave can file a complaint with California's Department of Fair Employment and Housing (DFEH), within three years of the wrongful denial or discrimination.
While on protected leave, either under FMLA or CFRA, you cannot be fired. If your employer does fire you or otherwise takes an adverse employment action, then you may have a claim for against your employer. A skilled California employment lawyer can work with you to help you determine if you have a claim.
Interaction Between PDL & Baby Bonding ? FMLA covers both pregnancy and Baby Bonding; therefore, PDL runs concurrently with FMLA while the employee is disabled by pregnancy unless the employee's MOU or County Policy states otherwise. PDL and CFRA leave cannot run concurrently since CFRA leave does NOT cover pregnancy.