Does California Family Rights Act Run Concurrently With Fmla

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So You Need a Break from Reality, But Don't Wanna Lose Your Job? CFRA and FMLA to the Rescue! (Maybe)

Let's face it, life throws curveballs. Between a screaming newborn, a parent with a sudden urge to become a competitive eater (don't ask), or your own health taking a nosedive, sometimes you gotta peace out of work for a bit. But fear not, weary employee! You have options, thanks to a delightful little combo platter of laws called the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Does California Family Rights Act Run Concurrently With Fmla
Does California Family Rights Act Run Concurrently With Fmla

But Wait, There's More! (Like, Important Stuff)

Now, these acronyms might sound like they were dreamt up by a particularly enthusiastic filing cabinet, but they're actually your ticket to protected leave. Both FMLA and CFRA allow eligible employees to take unpaid time off for qualified reasons, like serious medical conditions, caring for a newborn or newly adopted child, or dealing with a family member's illness.

Here's the million-dollar question, though: do these bad boys run concurrently, or is it a pick-one situation?

Well, buckle up, because it depends.

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FMLA grants you 12 weeks of leave per year, while CFRA ups the ante to 12 weeks itself. So, depending on your situation, they might run together, giving you a whopping 24 weeks of potential leave.

But that's not always the case. There can be some overlap and some situations where they run separately. It's like a choose-your-own-adventure book of leave, except with less swashbuckling and more paperwork.

The key takeaway? It's best to consult your friendly neighborhood HR department or a lawyer who specializes in employment law. They can decipher the legalese and tell you exactly what kind of leave fiesta you're entitled to.

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Signs You Might Be Dabbling in Concurrent Leave Land:

  • You're using FMLA for your own serious medical condition, then tacking on CFRA to bond with your new adopted child (because who wouldn't want an extended cuddle puddle with their new little one?).
  • You're taking FMLA for pregnancy disability and then smooth-sailing into CFRA to care for your sprog after their grand entrance.

But remember, this ain't a guarantee! There are other factors at play, so get thee to an HR professional, stat!

Frequently Asked Questions

Frequently Asked Questions (Because We Know You Have Them)

How to Know If I'm Eligible for FMLA/CFRA?

Generally, you need to have worked for your employer for at least 1 year (1,250 hours) within the last 7 years. There are other requirements too, so check with HR or a lawyer.

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How to Request FMLA/CFRA Leave?

Provide written notice to your employer as soon as possible. The details will vary depending on the situation, so consult your employee handbook or HR for specifics.

How to Shortlist My Reasons for Leave?

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Qualifying reasons include serious medical conditions, caring for a sick family member, or bonding with a new child. Again, specifics matter, so consult the experts.

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How Long Does the Leave Approval Process Take?

It can vary, but generally, your employer has 30 days to respond to your request.

How Do I Ensure Job Security During My Leave?

FMLA and CFRA guarantee your job (or an equivalent position) is waiting for you upon your return. However, some legalities might apply, so talk to HR.

Remember, this is just a crash course. For the nitty-gritty details, consult the legalese experts! But hey, at least now you know FMLA and CFRA can be your partners in navigating life's little detours, and maybe even score you an extended break (with the proper legal grounding, of course). Happy leave-taking (when it's approved)!

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ca.govhttps://www.calpers.ca.gov
ca.govhttps://www.dmv.ca.gov
ca.govhttps://www.cdph.ca.gov
ca-legislature.govhttps://www.ca-legislature.gov
ca.govhttps://www.edd.ca.gov

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