While CFRA and FMLA run concurrently (meaning that an employee cannot have over 12 workweeks of job protected leave per year), there are a few distinctions between the two. Under the CFRA, the employer need only employ 5 or more employees, while the FMLA requires 50 or more within a 75-mile radius. While the FMLA only covers family members including a spouse, children, or parents, the CFRA includes family members that are a spouse, domestic partner, children, parents, grandparents, parent-in-law, and “designated persons” whose relationship with the worker entails the same level of care and support as a family relationship. Additionally, while the CFRA does not cover pregnancy-related disabilities (see Pregnancy Discrimination) the FMLA includes pregnancy-related disabilities.
An employer violates the CFRA or FMLA if it refuses to grant leave, or interferes, restrains, or denies an employee’s request for leave protected under the CFRA or FMLA. Examples of violations include denying a claim for leave, discouraging leave by terminating and employee in anticipation of requesting the leave, by reducing hours to prevent eligibility, or counting the leave against an employee under an attendance policy. It is important to note that an employee is still protected by the FEHA even after this 12-week period expires. (See Disability Discrimination)
If your employer has interfered with your CFRA or FMLA rights, or retaliated against you for exercising such rights, you may be entitled to compensation for lost wages, lost career opportunities, emotional distress, and punitive damages if your employer acted with malice, oppression or fraud. Your rights are still protected, and you may still be entitled to damages, even if your employer alleges that you were terminated for performance issues or selected in a layoff or reduction in force.
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