Accidents and injuries can happen anytime, often leaving employees grappling with medical concerns and job instability. California provides various protections through the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). However, figuring out what applies to you and how to get started is, at best, confusing and daunting— but it doesn’t have to be. A California employment lawyer can help clarify your rights and guide you through the legal process. Read on for a conference to look at how these laws intersect and what you can do in California when you need to know what your rights are and what your options are as an employee who suffered a non-work related personal injury.
An Overview of FMLA and CFRA
FMLA is a federal law that grants eligible employees up to 12 weeks of unpaid job protection leave for specific family and medical reasons. In California, the CFRA offers similar protections but nuances tailored to the state workforce. Under both of these, eligible employees are able to take leave for a serious health condition, which can include recovery from even non-work related accidents or injuries; however, while these laws provide job protection, they do not offer wage replacement during that leave. An example of a paid leave option could be tapping into short or long-term disability depending on the severity and nature of the accident or injury. When it comes to FMLA and CFRA, knowing how, what, and when you’re eligible for either is essential.
- FMLA Eligibility: As an employee, you must have worked for your employer for a minimum of 12 months and clocked at least 1,250 hours in the previous year to be eligible.
- CFRA Eligibility: For CFRA to be applicable, you must have worked for your employer for at least 12 months as well, and your employer must have a minimum of five employees working for them.
How Non-Work-Related Injuries Fit into FMLA and CFRA
If you have the misfortune of suffering a personal injury outside of work, you may need time off to recover. You may also need time away from the office to seek medical treatment, physical therapy, or manage long-term health conditions. In such cases, both FMLA and CRA come into play, offering new job-protected leave while you are addressing those critical health needs.
Example: Suppose you were involved in a car accident while off duty, and you sustained injuries requiring surgery and rehabilitation. Should you meet the eligibility requirements for FMLA or CFRA, you can request up to 12 weeks of unpaid leave to recover without that gnawing fear that every email that pops up is going to be something to the effect of getting laid off or that when you return to the office, your position will be gone. Having job security while you seek care for a non-work-related injury can usher in a smoother, stress-free journey to recovery.
Requesting Leave After a Non-Work-Related Accident
Requesting FMLA or CFRA after an outside-of-work injury can feel like a real impasse when you’re hurting and overwhelmed. But putting in for leave is an essential step that can set you up for success and a worry-free recovery. You want to start with notifying your employer as soon as you know you’ll need time off. Reviewing your company’s policies and procedures can be helpful, as your employer may have specific requirements for workers seeking leave of absence. When notifying your employer, be clear about your situation and provide an estimated duration for your recovery. Your employer might ask for medical certification, so be prepared to have documentation from your healthcare provider outlining the specific need behind your requested leave. The process is designed to protect your while, allow you the time to heal, and keep your work. And remember, the law is on your side. Providing complete and accurate documentation helps you avoid delays or denials, giving you one less thing to worry about while you focus on your health.
Coordinating FMLA, CFRA, and Disability Benefits
Since FMLA and CFRA do not provide wage relief, you may explore other possibilities to cover lost wages while recuperating. In California, employees can check to see if they qualify for State Disability Insurance (SDI), which provides short-term benefits to workers who have suffered a non-work-related injury or illness.
Note: SDI can run concurrently with either FMLA or CFRA leave. Thus, you can receive financial support in the form of SDI while your job is secure. When pursuing these options, you should coordinate with your employer’s HR department and the state to manage your leave and benefits effectively and accurately. A slight mistake can cost you significantly.
Returning to Work After Leave
As an employee ready to return to work after either FMLA or CFRA, you are guaranteed the right of reinstatement at your original assignment or an equivalent position with similar pay, benefits, and working conditions. However, the employee may need to provide a fitness-for-duty certification, which basically states that you are fit to resume your usual job duties.
Potential Legal Hurdles
While FMLA and CFRA programs are designed to protect employees, disputes can and do arise, especially surrounding eligibility, length of leave, and even job reinstatement. Common legal challenges include, but are not limited to:
- Leave Denials: When an employer contests leave requests, it is considered a denial. They may contest the request if they believe the injury doesn’t meet the “serious health condition” criteria.
- Retaliation: Employers cannot retaliate against employees who take FMLA or CFRA leave. Adverse actions, such as termination or demotion, can lead to legal consequences.
Employees should seek legal counsel to understand their rights and explore potential remedies. Consulting with an employment lawyer can help navigate these complexities and ensure your rights are protected throughout the process.
Navigating Intermittent Leave
FMLA and CFRA allow for intermittent leave, enabling employees to take time off in separate blocks for a single qualifying health condition. This is particularly relevant for injuries that require ongoing care and treatment, such as physical therapy following a car wreck. Employers must accommodate intermittent leave requests but can request medical certification or validation to support the need to make such an arrangement.
The Value of Self-Empowerment and Legal Guidance
The process of successfully getting on one of these forms of leave is an intricate one, involving determining which form of leave is correct for your situation, following company policy, gathering and presenting supportive documentation, and obtaining the leave request approval. Further, you may have already run into roadblocks and other trouble like retaliation. A legal professional well versed in the framework of FMLA, CFRA, and SDI can be a godsend when you are also battling pain, post-accident trauma, and potentially dealing with insurance companies related to your accident. A skilled employment attorney can clarify your leave rights, assist with documentation, and advocate for your best interests if you run into disputes. Empower and unburden yourself by calling our employment law firm at 909-884-6451 to schedule a confidential and free consultation with an experienced California employment attorney.
