Legal Question in Medical Leave in California

CFRA and employers with less than 50 employees?

I work for a small privately owned staffing company. Currently, there are less than 50 employees (the total amount of employees is 17). However, the company is a staffing company and they employee consultants on a contract basis. Some of these employees are their W2 employees for the period of time they are on contract. I am leaving on maternity leave in either late October or early November. According to CFRA, my company would not qualify because they have less than 50 employees. But, if the law allows me to include the consultant head count and the staff head combined, that would be more than 50. Is that possible? Thanks


Asked on 9/18/02, 2:48 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: CFRA and employers with less than 50 employees?

Sometimes employers misclassify employees as independent contractors when they really should be regarded as employees. Although there are many factors to consider the most important is the degree of control the company has over the individual. But if the consultants really are independent, FMLA or CRFA do not apply.

However, that does not mean you are not entitled to leave for pregnancy. Under California law, you are still entitled to take up to four months off for any pregnancy related disability. This applies to all companies with five for more employees.

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Answered on 9/19/02, 12:41 pm

Re: CFRA and employers with less than 50 employees?

-There is no black letter to answer to this question as the staffing agency certainly acts as an employer in some ways. Also, any full-time or part-time employee whose name appears on an employer's payroll in a calendar week is considered to be employed that week.

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Answered on 9/18/02, 4:22 pm


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