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Attorney Toni Jaramilla Dispels Misconceptions About FMLA and CFRA

Lawyer Toni Jaramilla

An employee only needs to put the employer on notice, though it is recommended to have something in writing, a doctor’s note, and to follow the company’s procedure.

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) sets forth employee rights and employer obligations regarding when, how long, and under what circumstance an employer can take a protected leave of absence from work. Attorney Toni Jaramilla, of A Professional Law Corporation, shares the following seven tips that clear up some misconceptions concerning leave rights under the FMLA and CFRA:

No. 1: Employees can apply for extension. “Once the protected leave of 12 weeks has passed, the employer cannot just terminate the employee or have them reapply and compete for their position,” said Jaramilla. “The employee can apply for a reasonable extension as a form of reasonable accommodation of a disability under the Fair Employment and Housing Act (FEHA).”

No. 2: Employees must have worked 1,250 hours with the company. To qualify for the 12-week protected leave under the FMLA an individual working for an employer with 50+ employees (including multiple branches/locations) must have worked 1,250 hours with the company in the past 12 months. These requirements differ for smaller employers with 5+ employees.

No. 3: An employee cannot request an indefinite leave. “One must have a reasonable time frame for accommodation, with a date certain of return,” noted Jaramilla.

No. 4: Employer required to have interactive dialogue with employee. “The employer cannot just refuse an employee’s request for reasonable accommodation,” added Jaramilla. “They are required to have an…

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