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No one should have to choose between their health or family and their job. Fortunately, both California and federal laws provide strong protections for workers who need to take time off for personal or family medical issues. Yet, despite these protections, many San Francisco workers still face unlawful denials, discrimination, or retaliation when trying to exercise their right to protected leave.
San Francisco has several laws that give employees the right to take leave – both paid and unpaid – for family and health reasons. San Francisco employees who are covered by more than one of these laws are entitled to the rights set out in the most protective law.
California employers must, by law, allow their employees certain legally protected forms of leave. If they refuse to grant such leave or punish an employee for taking such leave, they are subject to liability under a variety of California and Federal laws.
Protected forms of leave include family medical leave, military leave, pregnancy and maternity leave, and leave for voting.
In California, employees may be entitled to protected time off under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and other related statutes. These laws allow eligible workers to take leave for:
The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year. During this leave, employees are also entitled to maintain group health insurance under the same terms as if they were still working.
The California Family Rights Act offers similar protections but applies to a broader range of employers and family relationships. Unlike FMLA, CFRA includes coverage for domestic partners, siblings, grandparents, grandchildren, and a “designated person,” which can be any person related by blood to the employee or someone who is like family to the employee..
As of January 2021, CFRA covers private employers with just five or more employees, expanding leave protections to many more Californians.
California also provides up to four months of pregnancy disability leave for employees who are disabled by pregnancy, childbirth, or related conditions. This leave is separate from CFRA bonding time and may be available even if an employee hasn’t worked a full year.
California’s Fair Employment and Housing Act (FEHA) requires that employers provide reasonable accommodations for employees with disabilities, including additional leave beyond the standard 12 weeks if necessary. This protects workers recovering from serious illness or surgery who need more time to heal.
To qualify for leave under either law:
Under both CFRA and FMLA, a serious health condition typically involves:
Examples include cancer, surgeries, serious mental health conditions, and complications from pregnancy or childbirth.
Your employer may have several legal responsibilities when you request or take family, medical, or disability leave, including:
If your employer fails to meet these obligations, they may be in violation of state and federal law.
When you take leave under FMLA, CFRA, or other qualifying statutes, you are legally entitled to:
Unfortunately, many San Francisco employees face unlawful treatment when trying to take leave. Some examples of employer violations include:
If your employer has denied your right to leave or retaliated against you for using it, you may be entitled to legal remedies, including:
You should document everything, including communication with your employer and any adverse actions taken after you commence your leave. Then, contact an experienced employment lawyer.
How Our San Francisco Employment Lawyers Can Help
At Matern Law Group, we are not just attorneys – we are advocates for California workers. With decades of experience and a long track record of success, we understand how to hold employers accountable under the FMLA, CFRA, FEHA, and other labor laws.
We can help by evaluating whether your employer violated the law, gathering evidence and documentation to support your claim, negotiating directly with your employer for a fair settlement, and, if necessary, filing a lawsuit and pursuing justice in court.
San Francisco disability insurance and paid family leave provide wage replacement benefits only; they do not provide job protection. Your job may be protected under other California and/or federal employee leave laws, such as the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
To qualify for leave under FMLA, your San Francisco employer must have at least 50 employees within 75 miles of your workplace. You’ll also need to have worked there for at least 12 months and logged 1,250 hours in the past year.
California’s CFRA applies to San Francisco businesses with 5 or more employees. It offers similar leave for medical reasons, but there may be slightly different eligibility requirements compared to FMLA.
Both FMLA and CFRA cover your own serious health condition and that of a close family member (spouse, child, or parent). California law even allows you to combine FMLA and CFRA for a total of 12 weeks of leave in a single year.
Learn More About San Francisco Disability Leave >>
In California, San Francisco workers have the right to take time off from their jobs for significant health issues, to care for a sick family member, or to spend time with a new child, whether through birth, adoption, or foster care. This state-specific benefit, known as the California Family Rights Act (CFRA) leave, ensures workers can prioritize their family’s well-being without fear of repercussions.
Additionally, there are similar rights at the federal level through the Family and Medical Leave Act (FMLA), which also covers leave for one’s own or a family member’s serious health condition, or to bond with a new child. In cases where both state and federal regulations overlap, San Francisco employees can leverage the benefits offering them the most advantages. This ensures they can navigate their professional and personal obligations with confidence while optimizing their rights in the workplace.
Learn More About San Francisco Family Medical Leave >>
San Francisco military leave provisions ensure that employees called to active duty for up to six months receive their entitled benefits, including 30 days of paid leave. To qualify for this compensation, individuals must have completed at least one year of service with the state or have a combined duration of military and state service equivalent to one year immediately preceding their military duty commencement.
Also, if you’re going for your annual military training, like reserve drills or National Guard duties, you can get paid leave for that too, according to specific government rules. These military leave benefits offer vital support to servicemembers, ensuring their financial stability and job security during periods of active duty and training commitments.
Learn More About San Francisco Military Leave >>
San Francisco paid medical and sick leave regulations mandate that companies provide their employees with paid time off for medical needs, including personal health appointments or caring for a loved one. Starting from January 1, 2024, this means that almost all workers, whether they work full-time, part-time, or temporarily, can get at least 40 hours or five days off each year if they:
These provisions ensure that San Francisco employees have the necessary support to prioritize their health and well-being without financial strain, fostering a healthier and more productive workforce statewide.
Learn More About San Francisco Medical & Sick Leave >>
San Francisco maternity leave is the period a woman is allowed to be away from work to welcome a new child into her life, whether through birth, adoption, or foster care. In California, there are laws that protect many women’s jobs during this time, ensuring they can take leave for pregnancy and childbirth without the fear of job loss.
These laws, known as the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL), protect your job security while ensuring you have ample time to bond with your newborn or newly placed child. California offers comprehensive pregnancy leave laws that empower expecting mothers (or parents) to take time off for childbirth, adoption, or foster care placement. These laws, known as the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL), protect your job security while ensuring you have ample time to bond with your newborn or newly placed child. A significant advantage of California’s system is the ability to combine CFRA and PDL. This allows for a potentially longer leave period compared to some other states.
San Francisco pregnancy leave laws prioritize both your physical health and the well-being of your new child. By understanding your rights under CFRA and PDL, you can confidently plan your leave and focus on this special time without job-related anxieties.
Learn More About San Francisco Pregnancy & Maternity Leave >>
San Francisco voting leave laws aim to facilitate democratic participation by ensuring that employees have ample opportunity to exercise their right to vote in statewide elections. In California, if you’re working during a statewide election and don’t have enough time outside work to vote, you’re allowed to take up to two hours off with pay to do so. You can take more time if needed, but only two hours will be paid. Additionally, employers are required to post a notice at least 10 days before the election informing employees of their rights regarding voting leave.
This time off should be at the start or end of your workday, to minimize disruption to your work schedule, unless you agree on a different time with your San Francisco employer. If you anticipate needing time off to vote, you must inform your employer at least two working days before the election.
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We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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