Medical and Family Leave Violations

Pregnancy Disability Leave (PDL)

Under California's PDL law, eligible employees can take up to four months of unpaid, job-protected leave for pregnancy, childbirth, or related medical conditions. This leave can be taken intermittently or continuously, depending on the employee’s medical needs. During PDL, employers must maintain the employee's group health insurance coverage under the same terms as if they were actively working. Employees are also entitled to reasonable accommodations, such as more frequent breaks or modified work duties, to address pregnancy-related conditions. Upon returning from PDL, employees have the right to be reinstated to their original position or a comparable role with equivalent pay, benefits, and working conditions.

California Family Rights Act (CFRA)

Under the CFRA, eligible employees in California are entitled to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons. This includes bonding with a newborn child, adopting or fostering a child, and caring for a family member (child, parent, spouse, domestic partner, grandparent, grandchild, or sibling) with a serious health condition. Employees can also use CFRA leave for their own serious health condition that impairs their ability to perform their job duties. During CFRA leave, employers must maintain the employee’s health benefits under the same conditions as if they were still working. Upon return from CFRA leave, employees are guaranteed reinstatement to their original position or an equivalent role with comparable pay, benefits, and other employment conditions.

Family and Medical Leave Act (FMLA)

Under the FMLA, eligible Californian employees are entitled to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specified family and medical reasons. This includes time off for the birth and care of a newborn child, the placement of a child for adoption or foster care, and the care of an immediate family member (spouse, child, or parent) with a serious health condition. Additionally, employees can take leave for their own serious health condition if it prevents them from performing their job functions. During FMLA leave, employers must maintain the employee’s group health insurance coverage under the same terms as if the employee had continued to work. Employees are entitled to be reinstated to their original job or an equivalent position with equivalent pay, benefits, and other employment terms and conditions upon return from leave.