| The federal Family and Medical Leave Act (FMLA) | | | | Additionally, the employee must have been employed |
| and the California Family Rights Act (CFRA) both | | | | for a total of 12 months and have worked 1,250 |
| allow eligible employees to take up to 12 weeks per | | | | hours in the year before the date in which FMLA |
| calendar year of unpaid leave and the leave may be | | | | CFRA leave is sought. |
| taken intermittently. FMLA/CFRA leave is considered | | | | Generally, an employee is required to provide his or |
| "job protected" leave, meaning that once the FMLA | | | | her employer with at least 30-days advance notice |
| CFRA leave concludes, the employee must be | | | | of the need of FMLA/CFRA leave. However, if the |
| returned to either the same job position or to a | | | | need for leave is unexpected, the employee only |
| comparable position. After the 12 week period | | | | needs to notify the employer as soon as is |
| expires, the employer has no obligation to reinstate | | | | practicable. Notice to the employer can be given |
| the employee. | | | | either verbally or in a written document, and should |
| FMLA/CFRA leave allows an employee to take leave | | | | include the timing of the leave and its anticipated |
| from work because of (1) the employee's serious | | | | duration. |
| health condition, (2) to care for an immediate family | | | | The employer is required to respond to a request for |
| member (spouse, child, parent, or, in California, | | | | leave within 10 days and may request proof of the |
| domestic partner) who has a serious health condition, | | | | need for leave, including supporting medical |
| or (3) for the birth or adoption of a child or for the | | | | documentation. Failure to provide notice to the |
| foster care placement of a child. | | | | employer may result in the employer successfully |
| FMLA/CFRA leave does not apply to all employees | | | | claiming that the employee's absence was not |
| however. The first hurdle is the requirement that the | | | | excused and therefore not protected by FMLA |
| employer regularly employs 50 or more part- or | | | | CFRA. |
| full-time employees within a 75 mile radius. | | | | |