Sacramento FMLA & CFRA Discrimination Lawyer

Trusted FMLA & CFRA Discrimination Attorney in Sacramento

Earning a living shouldn’t deprive you of the ability to live. Many of life’s milestones and unknowns require time off. You should not have to sacrifice your job for parenthood, pregnancy, medical treatment or other life events. An experienced Sacramento FMLA & CFRA discrimination lawyer can help explain your legal rights as a worker in Sacramento and what protections are available to you.

Hire an FMLA & CFRA Discrimination Lawyer in Sacramento

Asbill Law Group can help you expose injustice and hold your employer accountable. Our Sacramento-based law firm handles PDL, FMLA, and CFRA violations. Attorney Natalia D. Asbill-Bearor levels the playing field by advocating for employees against powerful employers. She is not afraid to stand up for your rights by taking decisive action in the legal system. Applying more than a decade of employment law experience, she can handle your claim with the respect it deserves.

FMLA Laws and CFRA Laws

In 2024, the major job industries in Sacramento included health care and social assistance, employing 36,064 people, public administration, employing 32,064 people, and retail trade, employing 23,734 people.

No matter the industry you work in, you deserve to take time off to care for yourself and your loved ones. Employees in California have the right to job protection under many of these circumstances. Key laws that define your rights may include:

• The Family and Medical Leave Act (FMLA), which grants up to 12 weeks of leave for pregnancy, childbirth, adoption or medical care
• The California Family Rights Act (CFRA), which extends FMLA to same-sex couples and establishes greater privacy protections
• The Pregnancy Disability Leave law (PDL), which provides up to four months of disability leave for pregnancy or childbirth

These laws grant important rights to both men and women. To qualify for FMLA and CFRA, the employee must have worked for their employer for at least one year and worked at least 1,250 hours in the last 12 months.

Key Differences Between FMLA and CFRA

In March 2023, 89% of American private industry workers had access to unpaid family leave. For those working in state and local government positions, 94% had access to unpaid family leave. While FMLA and CFRA share many similarities, CFRA provides broader protections to California workers.

The main difference between the two laws is that CFRA applies to employers in California with five or more employees, while FMLA only applies to employers with 50 or more employees within a 75-mile radius.

CFRA also protects employees who need to take time off from work to care for a loved one. Whereas FMLA only allows employees to take time off to care for a spouse, parent, or child with a serious medical condition, CFRA allows you to take time off to care for any of the following people who are ill:

• Child of any age
• Spouse
• Domestic partner
• Parent
• Grandparent
• Grandchild
• Sibling
• Anyone else with a genetic relation to the employee or a family-like bond

Another major difference between the two laws is Pregnancy Disability Leave. Under federal law, Pregnancy Disability Leave counts as a serious medical condition, meaning that FMLA and Pregnancy Disability Leave typically run concurrently. This means the employee has less overall time off from work.

However, in California, Pregnancy Disability Leave is separate from CFRA, as it is not defined as a serious medical condition in the state. This means that if you take time off from work for Pregnancy Disability Leave, you can still use your CFRA bonding time after your Pregnancy Disability Leave ends. As a result, you could receive:

1. Up to four months of Pregnancy Disability Leave for pregnancy, childbirth, and related medical conditions
2. An additional 12 weeks of CFRA leave to bond with the new child after you exhaust your Pregnancy Disability Leave

Definition of a Serious Health Condition

Under CFRA and FMLA, a serious medical condition is defined as any illness, injury, or mental or physical condition that necessitates inpatient care in a medical facility or ongoing medical treatment by a healthcare professional.

Inpatient care can include receiving care in a hospital, such as UC Davis Medical Center, a hospice, a residential medical care facility, or a mental health facility. Examples of serious health conditions can include:

• Cancer or chemotherapy treatment
• Heart conditions
• Recovery from surgery
• Severe anxiety, depression, or other mental health conditions that require ongoing treatment
• Chronic health conditions, such as diabetes or epilepsy
• Medical conditions that require ongoing medical appointments

Minor illnesses, such as the common cold or the flu, generally do not qualify for CFRA unless the illness worsens into a serious medical condition.

FAQs

Can an Employer Deny CFRA Leave in Sacramento?

An employer can sometimes deny CFRA leave in Sacramento. Common reasons for a denial include if the employee is not eligible because they have not worked enough hours, the reason for the leave is not covered by CFRA rules, or required documentation isn’t provided.

If you believe your employer has unfairly or unlawfully denied your CFRA leave request, it’s vital to consult with our Sacramento FMLA & CFRA discrimination attorney to understand your legal rights and what you can do to advocate for yourself.

How Much Notice Do I Need to Give My Employer Before Taking CFRA Leave?

Before taking CFRA leave, you should give your employer notice as soon as possible. If your need for leave is expected, such as in cases of surgery or childbirth, you may need to notify your employer at least 30 days in advance if they require such notification. If there is an emergency, such as your spouse being in a car accident and taken to the hospital, you may take leave immediately, but you still need to inform your employer.

Can I Be Fired for Taking FMLA or CFRA Leave?

You cannot be fired for taking FMLA or CFRA leave. If you are, it can be considered retaliation, which is unlawful. Retaliation is an action taken against an employee for exercising their legal rights. Along with being wrongfully terminated, it can include being bullied, demoted, ignored, or unfairly criticized.

If this has happened to you, hire an FMLA & CFRA discrimination lawyer. To prove that you were wrongfully fired, you need concrete evidence to connect your FMLA or CFRA leave to your termination.

Can CFRA Leave Be Taken Intermittently?

Yes, CFRA leave may be taken intermittently, depending on the reason for your leave. For example, if your parent needs assistance after a surgery and the recovery takes two weeks, you don’t need to take off all 12 weeks at once. It’s important to let your employer know how long you plan to be gone. This way, you can retain the remaining 10 weeks of leave in case you need it later on in the year.

What Should I Do if I Believe My FMLA or CFRA Rights Have Been Violated?

If you believe your FMLA or CFRA rights have been violated by your employer, you should take screenshots of every written piece of communication about the violation. It’s important to consult with a lawyer before pursuing further steps. Then, if you feel safe to do so, you can report the violation to your company’s HR department.

You and your attorney can then discuss which legal options to pursue. You can then file an official complaint with California’s Civil Rights Department.

Holding Employers Accountable With the Help of an Experienced Sacramento FMLA & CFRA Discrimination Attorney

At Asbill Law Group, We are passionate about what we do; we believe that every successful outcome is a step toward a better workplace. With more than a decade of employment law experience, our firm knows how to work through the intricacies of the California Labor Code, the federal Fair Labor Standards Act and other applicable law. To get started, arrange a confidential consultation by calling 916-438-7777 or contacting us online.