The recent Southern California wildfires have left a trail of devastation and uncertainty, impacting thousands of families and individuals in profound ways. If you are among those affected, whether personally or through its impact on your immediate family members, it is essential to understand your rights as an employee under California law.
These rights are designed to protect your ability to recover, care for loved ones, or address any health conditions that may have been exacerbated by this catastrophic event. Many employees do not realize the extent of the protections available to them, making it all the more important to know what options you have during this challenging time.
The California Family Rights Act (CFRA) and Your Right to Leave
The California Family Rights Act (CFRA) offers eligible employees the right to take job-protected leave for specific qualifying reasons. If the wildfires have caused a serious health condition for you or an immediate family member, you may qualify for CFRA leave. A serious health condition encompasses a wide range of medical issues, including any illness, injury, or impairment that necessitates inpatient care or ongoing medical treatment.
This protection is not limited to physical conditions alone. Mental health conditions caused by trauma, such as anxiety, depression, or post-traumatic stress, also qualify under CFRA, as do physical health conditions like respiratory illnesses that may be aggravated by prolonged smoke exposure.
CFRA grants eligible employees up to 12 weeks of leave within a 12-month period. During this time, your job remains protected, and your employer is required to reinstate you to your original or an equivalent position upon your return. In addition to job security, CFRA also mandates that your employer continue providing health insurance benefits throughout your leave, offering crucial support during a period when maintaining access to medical care may be more important than ever.
Leave for Psychological or Physiological Disabilities
For many, the trauma of the wildfires may trigger or worsen existing disabilities, whether psychological, such as post-traumatic stress disorder (PTSD), or physiological, such as chronic obstructive pulmonary disease (COPD). Under California’s Fair Employment and Housing Act (FEHA), employees with disabilities are entitled to reasonable accommodations from their employers, which may include a leave of absence.
If you find that the stress, smoke, or other effects of the wildfires have caused a flare-up of a pre-existing condition, you may qualify for a leave of absence as a reasonable accommodation. To access this right, you must notify your employer and provide documentation from a healthcare provider detailing your condition and explaining the necessity of leave. This documentation serves as a critical step in ensuring that your employer meets their obligations under FEHA. It’s also important to note that FEHA applies to all California employers with five or more employees, making it one of the most comprehensive protections available to workers in the state.
Beyond leave, FEHA requires employers to engage in an interactive process to determine what additional accommodations may be reasonable based on your individual circumstances. These accommodations might include modified work schedules, temporary remote work arrangements, or adjustments to physical job duties if necessary. By leveraging these rights, you can prioritize your health and recovery while ensuring that your employment remains secure.
Steps to Take If You Need Leave
- Notify Your Employer: Begin by informing your employer as soon as you realize the need for leave. Clearly communicate how the wildfires have impacted you or your family and indicate whether your leave request falls under CFRA, FEHA, or any other applicable laws. Early and clear communication is vital to ensuring that your rights are fully protected.
- Provide Documentation: Your employer may ask for documentation from your healthcare provider to verify your need for leave. This documentation should describe your condition, the connection to the wildfires, and the anticipated duration of your leave. Ensure that the documentation is thorough, as it forms the basis for your employer’s legal obligation to provide accommodations.
- Understand Your Benefits: In addition to job-protected leave, California offers wage replacement benefits through programs like Paid Family Leave (PFL) and State Disability Insurance (SDI). PFL provides up to eight weeks of partial wage replacement for employees caring for a family member with a serious health condition, while SDI supports employees who are unable to work due to their own health condition. Exploring these options can provide financial relief during your time away from work.
- Consult Legal Counsel: If your employer denies your request for leave, fails to provide reasonable accommodations, or retaliates against you for asserting your rights, consulting an experienced employment attorney is a critical step. Legal counsel can help you navigate complex workplace issues, enforce your rights, and seek remedies if your employer’s actions violate California law.
Protecting Your Rights Amid the Wildfires
The Southern California wildfires have created unprecedented challenges for individuals and families, many of whom are already grappling with health conditions or caregiving responsibilities. California’s employment laws are designed to offer vital support during such times, ensuring that employees can focus on their well-being without the added stress of job insecurity. These laws, including CFRA and FEHA, reflect a commitment to protecting workers when they need it most.
If you believe your rights as an employee are being infringed upon, or if you have questions about your eligibility for leave, don’t hesitate to seek guidance. Understanding your rights and taking proactive steps can make a significant difference in how you navigate this difficult period. At Le Clerc & Le Clerc, LLP, we are dedicated to helping employees understand and assert their rights under California law. Contact us today for a confidential consultation. Let us help you regain stability and peace of mind during this challenging time.