FAMILY MEDICAL LEAVE ACT (FMLA)

CAL FAMILY RIGHTS ACT (CFRA)

EMPLOYER COVERAGE

50 employees or more.

50 employees or more.

EMPLOYEE ELIGIBILITY

Employees who (1) have been employed for at least 12 months; (2) have worked at least 1250 hours during the 12-month period prior to taking leave; and (3) work at a location where 50 or more people are employed within 75 miles of that worksite.

Employees who (1) have been employed for at least 12 months; (2) have worked at least 1250 hours during the 12-month period prior to taking leave; and (3) work at a location where 50 or more people are employed within 75 miles of that worksite.

REASONS FOR LEAVE

Leave may be taken (1) for the employee’s serious health condition; (2) to care for the employee’s child, parent, or spouse who has a serious health condition; (3) for the birth or adoption of the employee’s child or the placement of a foster child with the employee; (4) because of a “qualifying exigency that arises because the employee’s spouse, child, or parent is on “covered active duty” or has been notified of an impending call to “covered active duty”; or (5) by an employee who is the spouse, child, parent, or next of kin of a covered service member to care for him or her.

Leave may be taken (1) for the employee’s serious health condition; (2) to care for the employee’s child, parent, spouse, registered domestic partner, or child of a registered domestic partner who has a serious health condition; or (3) for the birth or adoption of a child or placement of a foster child with the employee.

EMPLOYEE’S RIGHT TO RETURN TO WORK

Employee is entitled to be returned to same position held when leave began or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.

Employee must be returned to the same or comparable position at the end of the leave, unless employment would have ended regardless of whether employee had taken leave or employee is a “key employee.”

DISCHARGE OF EMPLOYEE DURING LEAVE OR ON EXPIRATION OF LEAVE

Employee may be fired during leave if position would have been eliminated had employee continued to work instead of taking leave. Employment may be terminated on expiration of leave if employee (1) fails to return to work and is not entitled to leave under any other law; (2) can no longer perform essential functions of job because of a physical or mental condition; (3) is a “key employee” under FMLA and denial of reinstatement is necessary to prevent substantial economic injury to employer; or (4) employee fraudulently obtained FMLA leave.

Employee may be fired during leave if position would have been eliminated regardless of whether employee took leave. Employment may be terminated on expiration of leave if employee (1) fails to return to work and is not entitled to leave under any other law; (2) can no longer perform essential functions of job because of a physical or mental condition; (3) is a “key employee” under FMLA and denial of reinstatement is necessary to prevent substantial economic injury to employer.