The Family Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) provides certain requirements, duties and obligations on the part of the employee and the employer. For instance, the employee has a duty to provide notice of a serious medical condition that may require a leave of absence. You don't have to expressly request FMLA or CFRA leave by name to be entitled to the leave of absence, but you have to provide your employer with notice of a serious medical condition. If an employer has notice of a serious medical condition, then they have an obligation to offer you FMLA or CFRA leave.
Once you provide notice, the employer may require certification from your physician. There is a standard form that is provided by the State of California, or the employer can use their own form. Essentially what the form requires is for the physician to characterize your medical condition as being a serious medical condition. The form does not have to reveal the nature or the specifics of the serious medical condition. It only needs to certify that you have a medical condition. Your physician should also provide expected leave dates indicating how long you will be out on medical leave.
In order to qualify for FMLA or CFRA leave, you have to have been employed for essentially a year. It is actually calculated by the number of hours you have worked. Specifically, you must have worked at least 1,250 hours over a 12 month period prior to your need for leave. As long as you have worked the minimum amount of hours for the employer, then you are entitled to FMLA/CFRA leave for your serious medical condition.
Once you provide certification from your doctor, the employer must notify you whether you have qualified for FMLA or CFRA leave. The law requires a minimum of 30 days notice before you take the leave of absence, but it also permits for a shorter notice period for emergency situations, in which case you have to notify the employer as soon as practicable.
If you believe that your employer or prospective employer has failed to comply with its obligations under the FMLA or CFRA, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful violations of the FMLA or CFRA. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of FMLA and CFRA matters. Contact the Khadder Law Firm today for a free consultation....
