The FMLA (federal) and CFRA (California) are leave laws that allow an employee to take unpaid leave from a job to care for oneself, a family member who is ill, or children who are unable to take care of themselves. PFL does not change either law and is separate from both the FMLA and CFRA. PFL provides up to 6 weeks of partial pay to workers who take time off to bond with a new child or to care for a seriously ill family member.
You might ask, can an employer require an employee to take leave under the FMLA and CFRA while an employee is receiving PFL benefits? Yes. If an employer is subject to the provisions of the FMLA and CFRA, they may require an employee to take FMLA and CFRA leave at the same time as PFL. And remember, PFL does not provide job protection when an employee is receiving benefits. PFL provides partial wage replacement when you cannot work due to the need to care of a child, parent, parent-in-law, grandparent, grandchildren, sibling, spouse, or registered domestic partner, or to bond with a new child. However, you may have your job protected under the FMLA or the CFRA.
Approximately 18.3 million CA workers are covered by the PFL program, which is funded through mandatory employee payroll deductions. If eligible, an employee can receive approximately 60% to 70% (depending on income) of wages earned 5 to 18 months prior to your claim start date. The maximum wage replaced rate is $1, 216 per week, for up to six weeks within any 12-month period.
The Rutten Law Firm, APC is experienced handling claims by employees whose leave rights have been violated.