Legal Question in Medical Leave in California

Differences between CFRA and FMLA?

Is there any differences between the CFRA and the FMLA? When reading about them, they sound the same. Also, if an employer's handbook states that a FMLA can be for 12 weeks in ''a 12-month period,'' but doesn't state when the 12 months starts, how would that be determined? I took 19 days off last November for minor surgery, and am now currently 6 1/2 weeks into a medical leave for a broken bone due to a non-work related injury. I'm looking at 2 1/2 more weeks, possibly four more.

Thank you.


Asked on 6/28/03, 9:32 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Differences between CFRA and FMLA?

For all practical purposes the laws are the same. The CFRA is a California law that was patterned after the federal FMLA. The Acts do not specify whether the 12 month period is within the calendar year or is a rolling 12 month period. In my opinion it is the latter, meaning that you should be allowed up to 12 weeks off within any 12 consecutive months. You should check with your employer's HR person to see how they interpret it. Or you could call the Department of Fair Employment and Housing.

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Answered on 7/02/03, 12:02 am


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