SAN FRANCISCO EMPLOYMENT LAW BLOG

Parental leave is a critical time for bonding with a newborn or newly adopted child, yet some employers attempt to pressure employees into returning to work before their legally protected leave has ended. In California, employees have robust protections under both state and federal law that shield them from such coercion. If your employer is demanding that you cut your leave short, understanding your rights under the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), and the Pregnancy Disability Leave (PDL) law is essential.

Your Legal Right to Take Parental Leave in California

California has some of the strongest parental leave protections in the nation, ensuring that eligible employees have the right to take time off without fear of retaliation or job loss. The two primary laws governing parental leave in California are CFRA and FMLA, while PDL provides additional protections for birth mothers experiencing medical complications related to pregnancy or childbirth.

• California Family Rights Act: Provides up to 12 weeks of unpaid, job-protected leave for employees who have worked at least 12 months for an employer with five or more employees. This time can be used for bonding with a newborn, adopted child, or foster child.
• Family and Medical Leave Act: A federal law that also provides 12 weeks of unpaid, job-protected time for similar reasons. However, FMLA applies only to employers with 50 or more employees within a 75-mile radius.
• Pregnancy Disability Leave: If a birth mother experiences complications before or after delivery, she may qualify for up to four months of additional unpaid leave under PDL, separate from CFRA.

Because CFRA and FMLA run concurrently, many employees take a total of 12 weeks of leave. However, a birth mother who requires additional recovery time under PDL could take up to four months of PDL before using the 12 weeks of CFRA bonding time, resulting in a significantly longer time away.

Employer Tactics to Force Early Return From Parental Leave

Some employers attempt to pressure employees into returning early from parental leave, often using tactics that violate state and federal law. These include:

• Threats of Job Loss or Demotion: Employers may falsely claim that an employee’s position is not guaranteed upon return to work. Under CFRA and FMLA, employees have the right to return to the same or a comparable position.
• Unlawful Contact and Harassment: Employers may call, email, or text repeatedly during leave, urging an early return. While minimal communication about work matters may be reasonable, persistent demands for an early return can amount to interference with parental rights.
• Misrepresentation of Employment Laws: Some employers incorrectly state that CFRA or FMLA only provides a few weeks of time off or claim that employees must return early if their work is needed. Neither of these claims is legally valid.
• Retaliation Upon Return: Employees who refuse to cut their time off short may face retaliation, such as reduced hours, exclusion from key meetings, or an unfavorable reassignment. Such actions may violate CFRA’s anti-retaliation provisions.

What to Do If Your Employer Pressures You to Return Early

If you are being pressured to return early from parental leave, take the following steps to protect your rights:

1. Document Every Communication

Keep a record of all emails, phone calls, text messages, or other communications from your employer related to your time off. If your employer insists on an early return, ask them to provide their request in writing. Employers often back down when they realize their actions may be legally challenged.

2. Know and Assert Your Rights

Clearly communicate to your employer that you are entitled to your full 12 weeks under CFRA and FMLA. You may say something like: “I am legally entitled to take 12 weeks of CFRA leave, and I intend to use my full 12 weeks. I expect to return to my position as guaranteed under the law.”

3. Consult Your Employee Handbook or HR Department

Many employers have written policies on parental leave that confirm CFRA and FMLA protections. If your employer’s HR department is pressuring you to return early, refer to these policies to reinforce your case.

4. File a Complaint with the California Civil Rights Department (CRD) or U.S. Department of Labor (DOL)

If your employer is violating your rights, you can file a complaint with the California Civil Rights Department (CRD), which enforces CFRA, or the U.S. Department of Labor’s Wage and Hour Division, which enforces FMLA. Employers that interfere with protected time off or retaliate against employees can face legal penalties.

5. Seek Legal Assistance

If your employer continues to violate your rights, an employment law attorney can help. A lawyer can file a legal claim on your behalf, demand reinstatement, or seek damages for lost wages and emotional distress caused by employer retaliation.

What Happens If Your Employer Fires You for Not Returning Early?

If you are terminated or demoted for taking legally protected leave, you may have a wrongful termination or retaliation claim. California law prohibits employers from taking adverse actions against employees who exercise their CFRA rights. Remedies may include:

• Reinstatement to your previous job
• Back pay for lost wages
• Compensation for emotional distress
• Attorney’s fees and legal costs

Can Your Employer Claim “Undue Hardship” as a Justification?

Some employers argue that allowing an employee to remain away creates an “undue hardship” on the business. However, CFRA and FMLA do not allow employers to refuse time off requests or demand an early return based on business needs. Employees are entitled to the full duration of their legally protected time away, regardless of how their absence affects workflow.

Talk to the Parental Leave Discrimination and Retaliation Professionals

If your employer is demanding that you return to work early from parental leave, you do not have to comply. California law provides strong protections against employer interference, and you have the right to take the full period allowed under CFRA and FMLA. If your employer refuses to honor your rights or retaliates against you, you may have legal recourse. Consulting with an experienced employment attorney can help you take the appropriate steps to defend your rights and hold your employer accountable.

If you are facing pressure from your employer to return early from parental leave, contact Le Clerc & Le Clerc LLP today to discuss your options and protect your rights.

One of the things that sets California apart nationally is the sheer number of protections provided to workers. For example, state laws ensure that employees of small businesses have the right to take protected leave when welcoming a new child into the family. Whether you work for a company with five employees or five hundred, your parental leave rights remain intact. Let’s break down the laws protecting parental leave for workers at small businesses, what to do if your request is denied, and how Le Clerc & Le Clerc, LLP, can help protect your rights.

California Parental Leave Laws Overview

California has some of the most employee-friendly parental leave laws in the country. Two major laws provide protection for workers, regardless of the size of the company they work for: the California Family Rights Act (CFRA) and the Paid Family Leave (PFL) program. Understanding how these laws apply to you, even if you work for a small business, is essential to ensuring you receive the benefits you’re entitled to.

California Family Rights Act (CFRA)

The California Family Rights Act is a comprehensive law that provides job-protected time off for employees who need time off to care for a newborn or newly adopted child. One common misconception is that only employees at large companies can benefit from CFRA, but the reality is that the law applies to businesses with as few as five employees.

Under CFRA, eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child. This time can be taken at any point within the first year of the child’s birth, adoption, or foster care placement. While CFRA does not guarantee paid leave, it ensures that your job (or an equivalent role) will be waiting for you when you return.

Paid Family Leave (PFL)

In addition to CFRA’s job protections, California offers the Paid Family Leave program, which provides partial wage replacement during parental time off. While this program is also available to workers at large businesses, the key detail is that it applies equally to employees of small businesses.

PFL is funded through payroll deductions, so even if you work for a small business, you are contributing to this program. Eligible employees can receive up to eight weeks of partial wage replacement while bonding with a new child. This wage replacement is typically around 60-70% of your usual salary, depending on your income.

Small Business Obligations Under Parental Leave Laws

Even if your employer only has a handful of employees, they are still legally obligated to comply with California’s parental leave laws. These obligations ensure that you don’t have to choose between your job and your family.

Eligibility Requirements

Not every employee automatically qualifies for parental time off under CFRA. To be eligible, you must meet the following criteria:

• You must have worked for your employer for at least 12 months.
• You must have logged at least 1,250 hours of work in the past year.
• Your employer must have at least five employees.

If you meet these requirements, your employer is required to provide you with up to 12 weeks of job-protected time off to bond with your new child.

Employer Responsibilities

When you take protected leave under CFRA, your employer is responsible for maintaining your health benefits during your time away. This means they must continue paying their share of your health insurance premiums while you are away. Upon your return, your employer must also provide you with the same position you held before your leave or a comparable one if your previous role is no longer available.

Small businesses are not exempt from these responsibilities. In fact, failing to comply with CFRA can lead to significant legal consequences for employers, including potential lawsuits for wrongful termination or failure to reinstate.

What to Do If Your Parental Leave Request Is Denied

Unfortunately, not every employer abides by California’s protected leave laws. If your request for parenting time has been denied, it’s important to take action immediately to protect your rights. Here’s what you should do if your request is rejected:

Immediate Steps to Take

The first thing you should do is ask for the reasons behind the denial in writing. Employers are often reluctant to provide written documentation of their refusal, but having this information is critical for any future legal action. It’s also important to verify that you meet the eligibility requirements under CFRA, including having worked the requisite number of hours and being employed for at least 12 months.

Document every interaction you have with your employer regarding the denial. Save all emails, text messages, and notes from conversations, as these could serve as key evidence in a legal dispute.

Seeking Legal Help

If your employer has denied your parental leave request, it’s often best to consult with an experienced employment lawyer to determine your next steps. Parenting time laws are complex, and employers may try to exploit loopholes or misunderstand the law’s requirements.

At Le Clerc & Le Clerc, LLP, we specialize in helping workers who have been denied their rightful parental leave. Our experienced attorneys can help you navigate the legal process, whether through mediation, administrative claims, or filing a lawsuit. We fight to ensure that your rights are protected, and that you are not penalized for choosing to take time off to bond with your child.

Talk to Professional Maternity Leave Lawyers at Le Clerc & Le Clerc, LLP

California’s parental leave laws are designed to protect employees, even those working for small businesses. If you’re eligible under CFRA, your employer must provide you with job-protected leave, and you may qualify for wage replacement through the PFL program. Should your employer deny your time off request, don’t hesitate to take action. Document your communications and seek legal guidance to ensure your rights are upheld.If you’ve been denied parenting time or need advice on your legal rights, contact Le Clerc & Le Clerc, LLP, today for a consultation. We’re here to help you defend the time you deserve with your new family member.

In California, the economy is as diverse as its population, and working parents face a unique set of challenges when it comes to childcare. The Golden State, known for its innovation and progressive policies, is at a crossroads in addressing the childcare needs of its working families. 

Both state legislators and individual employers are addressing the challenges faced by working parents in California. Here’s what you should know about how the current childcare crisis is developing, your rights under state law, and what you may expect from your employer. 

The Landscape of Childcare in California

California’s childcare landscape is characterized by high costs, limited availability, and varying quality. According to a recent report, California is one of the most expensive states for childcare in the United States. The average cost of infant care in the state can exceed $14,000 annually, a figure that is out of reach for many middle and low-income families. 

This high cost is compounded by the scarcity of available spots, especially for infants and toddlers, making the search for quality childcare a stressful and often fruitless endeavor for many parents.

The burden of these challenges falls heavily on working parents. For many, the high cost of childcare consumes a significant portion of their income, forcing tough decisions about work and family life. This situation is particularly acute for single parents and those with multiple children. Additionally, the lack of reliable childcare options can lead to increased absenteeism and decreased productivity at work as parents scramble to cover gaps in care.

Legal Protections for Working Parents

In response to some of these challenges, California has instituted a range of legal protections designed to support working parents in balancing their professional and family responsibilities. These laws are among the most progressive in the United States, reflecting California’s commitment to helping families. Here’s an overview of some key legal protections for working parents in California:

1. California Family Rights Act (CFRA): CFRA allows eligible employees to take up to 12 weeks of unpaid leave within 12 months for the birth, adoption, or foster care placement of a child. This law also applies to caring for a child, parent, or spouse with a serious health condition or for the employee’s own serious health condition.
2. Pregnancy Disability Leave (PDL): Under California law, a woman who is disabled by pregnancy, childbirth, or a related medical condition is entitled to up to four months of disability leave. This leave is separate from and in addition to any leave taken under the CFRA.
3. Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination in employment on various grounds, including sex, which encompasses discrimination based on pregnancy, childbirth, breastfeeding, or related medical conditions.
4. School Activities Leave: California law requires employers with 25 or more employees at the same location to provide up to 40 hours of leave each year for parents, guardians, or grandparents with custody to participate in activities at their child’s school or daycare facility or if they are called to their child’s school due to a suspension.
5. Lactation Accommodation: Employers are required to provide reasonable break time and a private space, other than a bathroom, for an employee to express breast milk for her infant child.
6. Kin Care Law: This law allows employees to use up to half of their accrued sick leave benefits to attend to the illness of a family member.
7. Flexible Working Arrangements: While not mandated by law, some California cities, like San Francisco, have ordinances that allow employees to request flexible working arrangements to assist with caregiving responsibilities. Employers are required to consider these requests seriously.

These laws and regulations are indicative of California’s progressive stance on supporting working parents. They are designed to help employees balance their professional and personal responsibilities without fear of losing their jobs or facing discrimination in the workplace. It’s important for working parents in California to be aware of these rights and for employers to ensure compliance.

Employer Responsibilities and Opportunities

In this context, the role of employers is becoming increasingly important. Progressive companies in California are beginning to recognize that providing childcare support is not just a benefit for their employees but a strategic business decision that can lead to increased employee retention, productivity, and overall job satisfaction.

• On-Site Childcare Facilities: Some larger corporations have started offering on-site childcare facilities. These facilities not only provide convenience but also ensure that parents can be close to their children, easing the emotional burden that comes with long hours away from home.
• Childcare Subsidies and Vouchers: Employers are also exploring financial assistance programs, such as subsidies or vouchers, to help offset the high cost of childcare for their employees.
• Flexible Work Arrangements: Flexibility in work schedules and the option for remote work have become crucial in supporting parents. This flexibility allows parents to manage their childcare needs better and reduces the stress of juggling work and family responsibilities.
• Parental Leave Policies: Enhanced parental leave policies, including paternity leave, allow parents to spend more time with their newborns without the stress of immediately returning to work.

It’s important to understand that your employer does not have the legal obligation to provide these benefits under state law. However, if your employer offers childcare benefits to some employees, it cannot discriminate against specific people for protected characteristics. If you are denied childcare benefits for discriminatory reasons, you may have grounds for legal action. 

Legal Support for Working Parents Facing Childcare Discrimination

The childcare challenges in California present a complex issue that requires a multifaceted approach. By acknowledging and addressing these challenges, employers can play a significant role in supporting their workforce. In doing so, they not only aid their employees but also contribute to building a more resilient and productive economy. However, many employers do not provide this level of support – some even attempt to violate their employees’ legal rights. If you believe your employer has discriminated against you by denying you protected leave or discriminating against you regarding childcare needs or benefits, you should seek legal counsel. At Le Clerc & Le Clerc LLP, our experienced attorneys can help you determine if you have a case and pursue compensation for the discrimination you’ve faced. Schedule your consultation to learn how we can assist you.

In California, the economy is as diverse as its population, and working parents face a unique set of challenges when it comes to childcare. The Golden State, known for its innovation and progressive policies, is at a crossroads in addressing the childcare needs of its working families. 

Both state legislators and individual employers are addressing the challenges faced by working parents in California. Here’s what you should know about how the current childcare crisis is developing, your rights under state law, and what you may expect from your employer. 

The Landscape of Childcare in California

California’s childcare landscape is characterized by high costs, limited availability, and varying quality. According to a recent report, California is one of the most expensive states for childcare in the United States. The average cost of infant care in the state can exceed $14,000 annually, a figure that is out of reach for many middle and low-income families. 

This high cost is compounded by the scarcity of available spots, especially for infants and toddlers, making the search for quality childcare a stressful and often fruitless endeavor for many parents.

The burden of these challenges falls heavily on working parents. For many, the high cost of childcare consumes a significant portion of their income, forcing tough decisions about work and family life. This situation is particularly acute for single parents and those with multiple children. Additionally, the lack of reliable childcare options can lead to increased absenteeism and decreased productivity at work as parents scramble to cover gaps in care.

Legal Protections for Working Parents

In response to some of these challenges, California has instituted a range of legal protections designed to support working parents in balancing their professional and family responsibilities. These laws are among the most progressive in the United States, reflecting California’s commitment to helping families. Here’s an overview of some key legal protections for working parents in California:

1. California Family Rights Act (CFRA): CFRA allows eligible employees to take up to 12 weeks of unpaid leave within 12 months for the birth, adoption, or foster care placement of a child. This law also applies to caring for a child, parent, or spouse with a serious health condition or for the employee’s own serious health condition.
2. Pregnancy Disability Leave (PDL): Under California law, a woman who is disabled by pregnancy, childbirth, or a related medical condition is entitled to up to four months of disability leave. This leave is separate from and in addition to any leave taken under the CFRA.
3. Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination in employment on various grounds, including sex, which encompasses discrimination based on pregnancy, childbirth, breastfeeding, or related medical conditions.
4. School Activities Leave: California law requires employers with 25 or more employees at the same location to provide up to 40 hours of leave each year for parents, guardians, or grandparents with custody to participate in activities at their child’s school or daycare facility or if they are called to their child’s school due to a suspension.
5. Lactation Accommodation: Employers are required to provide reasonable break time and a private space, other than a bathroom, for an employee to express breast milk for her infant child.
6. Kin Care Law: This law allows employees to use up to half of their accrued sick leave benefits to attend to the illness of a family member.
7. Flexible Working Arrangements: While not mandated by law, some California cities, like San Francisco, have ordinances that allow employees to request flexible working arrangements to assist with caregiving responsibilities. Employers are required to consider these requests seriously.

These laws and regulations are indicative of California’s progressive stance on supporting working parents. They are designed to help employees balance their professional and personal responsibilities without fear of losing their jobs or facing discrimination in the workplace. It’s important for working parents in California to be aware of these rights and for employers to ensure compliance.

Employer Responsibilities and Opportunities

In this context, the role of employers is becoming increasingly important. Progressive companies in California are beginning to recognize that providing childcare support is not just a benefit for their employees but a strategic business decision that can lead to increased employee retention, productivity, and overall job satisfaction.

• On-Site Childcare Facilities: Some larger corporations have started offering on-site childcare facilities. These facilities not only provide convenience but also ensure that parents can be close to their children, easing the emotional burden that comes with long hours away from home.
• Childcare Subsidies and Vouchers: Employers are also exploring financial assistance programs, such as subsidies or vouchers, to help offset the high cost of childcare for their employees.
• Flexible Work Arrangements: Flexibility in work schedules and the option for remote work have become crucial in supporting parents. This flexibility allows parents to manage their childcare needs better and reduces the stress of juggling work and family responsibilities.
• Parental Leave Policies: Enhanced parental leave policies, including paternity leave, allow parents to spend more time with their newborns without the stress of immediately returning to work.

It’s important to understand that your employer does not have the legal obligation to provide these benefits under state law. However, if your employer offers childcare benefits to some employees, it cannot discriminate against specific people for protected characteristics. If you are denied childcare benefits for discriminatory reasons, you may have grounds for legal action. 

Legal Support for Working Parents Facing Childcare Discrimination

The childcare challenges in California present a complex issue that requires a multifaceted approach. By acknowledging and addressing these challenges, employers can play a significant role in supporting their workforce. In doing so, they not only aid their employees but also contribute to building a more resilient and productive economy. However, many employers do not provide this level of support – some even attempt to violate their employees’ legal rights. If you believe your employer has discriminated against you by denying you protected leave or discriminating against you regarding childcare needs or benefits, you should seek legal counsel. At Le Clerc & Le Clerc LLP, our experienced attorneys can help you determine if you have a case and pursue compensation for the discrimination you’ve faced. Schedule your consultation to learn how we can assist you.

According to a recent study, San Francisco and Fremont are the fourth- and sixth-best cities for working parents in the US. These Bay Area locales have more than just nice weather and high wages. They also offer a suite of other benefits and protections that make raising children while working full-time easier. 

But what makes a place a good option for parents? There are a lot of factors involved. According to CoworkingCafe, which performed the review, it considered details ranging from working conditions to education opportunities to health and environmental concerns. The study even left out certain critical features, such as protections for workers with families, that might have elevated Fremont and San Francisco even higher. Let’s break down what the study looked at, what it left out, and what you can do to make the most of these features. 

What Makes Cities Parent-Friendly?

There’s a lot to consider regarding parent-friendly locations. The CoworkingCafe study rated cities based on three categories:

• Education (40%): How affordable is childcare? How well do public schools rank? How available is public education?
• Work (40%): How many people work remotely or in remote-eligible roles?
• Health & Environment (20%): How many pediatricians are there? How much green space is there? What is the air quality like?

While these are valuable tools, the study prioritizes remote work and coworking solutions over other working conditions due to its source. Other factors that should be considered when determining a city’s true friendliness toward working parents include:

• Cost of living: How affordable is an area to live in? How much does housing and transport cost?
• Minimum and median wages: How much can parents expect to earn to support their families?
• Parental and family leave policies: If a worker wants to start or expand their family, will they be able to take time off?
• Paid leave opportunities: Can a new parent take time off to bond with their child without sacrificing their financial stability?
• General worker protections: If an employee is forced to leave their job due to discrimination, harassment, or wrongful termination, what options do they have?

Considering these factors alongside the CoworkingCafe review may lead to a much more well-rounded understanding of what makes a city good for parents. 

Why San Francisco and Fremont Are Working Parents’ Paradise

Whether you consider the nationwide review on its own or add the extra factors listed above, the Bay Area looks like an excellent option for parents. 

Fremont is the number six city for working parents nationally because of its excellent environment and comparatively low childcare expenses. Meanwhile, San Francisco is named the number four city nationwide because of its large share of remote-eligible jobs, which signifies that workers have substantial flexibility in where they work. That flexibility is often indicative of positive work environments. It also has great air quality and excellent medical infrastructure. 

The report leaves out the sheer number of protections offered to working parents in California. Among the most valuable state initiatives to support families are:

• Paid Family Leave (PFL): Eligible workers can receive PFL assistance worth up to 70% of their average income for eight weeks while welcoming new children to the family. 
• School-related leave: Workers can take up to 40 hours a year off work to manage issues related to their children’s schooling or daycare, including attending open houses, parent-teacher conferences, and more. 
• Medical and pregnancy leave: The state has some of the best protected leave policies in the country. Employees may take protected time off to ensure a healthy pregnancy or care for sick children. 
• CFRA coverage: Compared to the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) extends protected leave to a much larger portion of the working population. 

These policies apply statewide, giving workers greater options to care for their children. San Francisco still edges ahead of Fremont, though, due to two critical city laws:

• Family Friendly Workplace Ordinance (FFWO): Employees covered by the FFWO may request flexible or predictable work schedules to simplify caregiving responsibilities toward their children. Additionally, employers may not retaliate against workers who request these schedules. 
• Paid Parental Leave Ordinance: Employers are required to supplement the income of workers who are currently receiving state PFL assistance to equal 100% of their normal income. 

These policies make San Francisco indisputably one of the best places for working parents nationwide. 

Make the Most of Your Rights as a Working Parent in California

There’s no doubt that California laws make working full-time easier for parents. However, these policies only help you if you know your rights. Employers may still attempt to discriminate and retaliate against workers requesting protected leave and accommodations despite the law. This may look like:

• Refusing to grant protected leave without providing a reason
• Threatening to fire you for asking or taking protected leave
• Terminating your employment during leave
• Cutting your hours, pay, or responsibilities before or after taking time off
• Refusing to provide reasonable accommodations while you’re pregnant

If you have experienced any of these problems, you likely have the right to take legal action. You may be able to hold your employer accountable for violating your rights under state and municipal law and pursue compensation for your losses.At Le Clerc & Le Clerc LLP, we’re dedicated to protecting employees from rights violations like these. We are prepared to advocate for you in court or at the negotiation table to help you achieve fair compensation for a lost job, pay, or refused accommodations. Schedule your free consultation with our Bay Area employment law firm to learn how we can protect your rights as a working parent in California.

San Diego’s Mayor Todd Gloria has officially signed a new bill into law doubling leave benefits for city employees. The law increases the paid parental leave workers receive from 160 hours to 320 hours, or eight total weeks of full-time work. As such, eligible city employees can take time off to welcome a new child to the family without risking their finances. 

The bill also has several other benefits for employees. It eliminates the 30-day waiting period for pregnancy-related disability benefits, so workers do not need to go a month without financial support due to a difficult pregnancy. Finally, it slashes the eligibility requirement for pregnancy benefits from one year of employment to just 30 days. As a result, people do not have to put off their plans for parenthood for the risk of losing income.

These changes make the city a significantly more appealing employer. They encourage younger workers and marginalized demographics to begin careers within the city by ensuring they can still start and support their families despite the high cost of living. They also provide invaluable support for women, who are more likely to exit the workforce to care for new children if their employer does not offer benefits. 

However, it is important to note that benefits for city employees are very different from protected leave. While Mayor Gloria’s bill is an excellent step forward, it is not the same kind of leave guaranteed by the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). Here’s how these types of policies differ and how they may impact your plans. 

The Differences Between Employer and Governmental Leave

The CFRA and FMLA are government programs guaranteeing workers the right to a certain amount of time off for qualifying events. Under the CFRA, covered employers must grant qualifying employees 12 weeks of unpaid leave per year for certain events. Covered employers include all companies with five or more workers and all public and government institutions, regardless of size. 

Qualifying employees are those who have worked for an employer for at least 12 months and have performed 1250 hours of work for that employer in the last year. These workers may take unpaid leave to care for a designated person, recover from a significant medical event or condition, or welcome a new child into the family. 

Critically, CFRA and FMLA compliance is not optional. Employers cannot fire someone for requesting or taking protected time off. They cannot retaliate against them, either. When the employee returns, they must be given their previous job back, including their former hours, responsibilities, location, and title. 

This is very different from employer-offered paid-leave plans. Employers can offer whatever type of leave they want. However, this time is not protected, nor is it guaranteed. Every organization can set its requirements and criteria for time off, so you may not be eligible for your employer’s program. Furthermore, organizations do not need to return workers to their previous positions if they take unprotected time off. This is true of private and government employers alike. As such, paid parental leave programs are not always as secure as unpaid, protected alternatives. 

Can Your Employer Change Your Leave Benefits?

While Mayor Gloria’s change to employee benefits is positive, it raises an important question. When and how can your employer change benefits like paid leave? Employers generally have the right to change the fringe benefits they offer, such as paid time off (PTO) and leave, whenever they want. However, there are some exceptions. 

First, if paid parental leave is explicitly part of your employment contract, your employer cannot rescind it without your permission. However, matters become more complex if your contract lumps this time off into “other benefits as provided” or states that it may be subject to change. 

Second, if you work for an organization subject to a collective bargaining agreement, your employer may not be permitted to change your benefits. This agreement is just as binding as your employment contract. 

Third, if you work for a government, such as the city of San Diego, local laws may provide more guarantees about your PTO. Changing a law is significantly more complex than altering a private organization’s policies. As such, your benefits are less likely to change for the worse.

When Do Leave Changes Violate Your Rights?

Your employer may be able to alter your benefits, but certain changes violate your rights. Unlawful actions include:

• Cutting your benefits to lower than local, state, or federal minimums
• Setting policies that bar you from taking protected leave
• Revoking paid time off without paying you the equivalent amount
• Retaliating against you for requesting CFRA or FMLA time

If you experience any of these changes, your employer is violating your rights. This is true whether you work for a public or private organization. You can take a stand to ensure you receive the benefits and time off you are guaranteed under the law. 

Talk to Le Clerc & Le Clerc LLP

Cities around California are beginning to implement laws like San Diego’s, guaranteeing workers paid time off to care for new children. If you live in one of these cities, you may be owed up to eight weeks’ paid leave when welcoming your child into the world. If you are not granted this time, your employer may be violating your rights. If you believe your employer has violated your right to time off, you can get help. At Le Clerc & Le Clerc LLP, we specialize in protecting California workers’ employee rights. You can schedule your free consultation today to discuss your situation and learn more about your rights under state and local law. Our California employment lawyers are available to help you hold your employer accountable for providing you with the paid or unpaid leave you’re owed.

California has spent years expanding workers’ rights statewide. While many of the recent changes rightfully receive the spotlight, this can push older but just as important regulations from the public eye. For example, the Healthy Workplaces, Healthy Families Act is one of the state’s fundamental workers’ rights laws but has rarely received focused attention since it was enacted in 2015. 

This Act is responsible for guaranteeing many California employees paid sick leave. It is one of the broadest paid leave mandates in the nation. Here’s what you should understand about the Act, how it applies to you, and what to do if your employer unjustly tries to deny you leave.

What Is the Healthy Workplaces, Healthy Families Act?

The Healthy Workplaces, Healthy Families (HWHF) Act is a California law first passed in 2014 requiring all employers, regardless of size, to offer their employees a minimum amount of paid sick leave (PSL) annually. The law was first implemented to give workers guaranteed time to care for themselves or their families each year without sacrificing pay. 

PSL is different from time taken under the federal Family and Medical Leave Act (FMLA) or due to workers’ compensation. FMLA leave is unpaid unless the recipient qualifies for Paid Parental Leave. Meanwhile, workers’ compensation allows you to receive disability benefits but not pay on your normal paycheck. Additionally, PSL differs from paid vacation days unless it is included in a broader PTO policy meeting certain requirements. 

Your Rights Under the HWHF Act

Under the HWHF Act, employers must offer their employees either 24 hours or three days of paid sick leave per year, whichever is greater. While this is the minimum required under law, employers may offer more. 

You are eligible for PSL in California if you have worked for the same employer for at least 30 days in the past year in California. No employers are exempt from this requirement to offer PSL. You must be offered PSL whether you are part-time, full-time, temporary, or salaried. 

When possible, you must provide your employer with “reasonable” notice to request PSL. For example, if you know about a doctor’s appointment in advance, you should give your employer several days of notice. 

If your employer requires you to work an alternative schedule, meaning something other than a regular eight-hour shift, they are still required to give you the equivalent of three days of paid leave. For example, if you routinely work 12-hour shifts three days a week, your employer must grant you at least 36 hours of time total. 

This leave can be used to recover if you are sick, to attend medical appointments, or to care for a sick family member. Time taken under the HWHF Act is protected, so it may not be used to make adverse employment decisions about workers. For instance, your employer cannot fire, demote, refuse to promote, cut hours, or reduce your working conditions because you take PSL. Additionally, if your employer has an absence policy, the first three days or 24 hours of PSL you take in a given year may not count toward absence-based penalties.

Your employer can choose from several ways to offer you PSL, including:

• Statutory Mandated Accrual: Your employer can award you one hour of paid sick leave per 30 hours worked, including overtime, beginning the day you begin work. This must continue to accrue up to 24 hours total in a year. Employers may but do not need to cap paid time off at 24 hours. Accrued time must roll over to the next year if it is not taken. However, employers may also restrict the total amount of leave that rolls over to 48 hours or six days.
• Optional Accrual: Businesses may use other accrual methods to calculate PSL as long as these methods lead to regular time accrual and ensure employees have accrued at least 24 hours of sick leave by the 120^th calendar day of the year. This must also permit unused hours to roll over.
• Lump-Sum: Companies may offer workers “lump-sum” PSL, providing all workers with a set amount of sick leave at the start of the year. These lump-sum policies do not need to permit hours to roll over to the next year. 

Any of these programs can also be combined with other forms of PTO as long as they permit workers to take the requisite time off for health needs. 

Can Your Employer Deny You Sick Leave?

Your employer must grant you PSL upon your written or verbal request. More importantly, your employer should not demand a doctor’s note for the first three days or 24 hours of sick time you request in a year. It may not ask for further details about your health or that of your family, either. In other words, if you are eligible for PSL, your employer cannot deny you the time you have accrued, with limited exceptions. 

First, your employer does not need to permit you to take more than your total accrued paid time off per year. If you need additional time to recover, attend medical appointments, or care for sick family, you may request unpaid FMLA time instead. 

Additionally, companies may prevent workers from taking paid sick leave in the first 90 days of their employment. If your employer has this policy, you are not eligible to request or receive PSL until the 91^st calendar day of your employment. Any sick leave you need during this time is not protected. 

Outside these two scenarios, your employer must grant you PSL upon request, up to what you have accrued. If you are denied this leave or face retaliation for taking time off to care for yourself or your family, you can take legal action. If you believe you have been illegally denied PSL or suffered retaliation from your employer for taking it, you should contact the skilled attorneys at the San Francisco employment law firm Le Clerc & Le Clerc LLP. Our team has years of experience representing employees who have experienced illegal rights violations in California. Learn more about how we can assist you by scheduling your consultation today.