Under the federal Family and Medical Leave Act (“FMLA”), most employers must provide up to 12 weeks of “medical leave” for employees that are unable to perform the essential functions of their jobs due to serious health conditions. In addition, employers must provide “family leave” for employees to care for family members with serious health conditions. The California Family Rights Act (“CFRA”) provides even greater protection for California employees than the FMLA.
“Serious health conditions” are illnesses, injuries, impairments, or physical or mental conditions that require inpatient care at a medical facility or continuing treatment by a health care provider.
Employers may request medical certifications (e.g., doctors’ notes) from employees taking leave due to their own serious health conditions or those of family members. The requirements for medical certifications under the CFRA are far less demanding than under the FMLA. For instance, an employee’s doctor need not identify the specific “serious health condition,” diagnosis or treatment under California law.
Employees returning from family or medical leave are entitled to be reinstated to the same or a similar position.
If you believe that your employer denied or interfered with your right to family or medical leave or that you were terminated from your job because you exercised your right to take family or medical leave, please contact the Law Offices of David S. Levy for a free initial consultation. We typically represent clients in employment matters on a contingent fee basis, which means that our clients do not pay attorney fees or costs unless and until there is a recovery.