Needing time off for family or health reasons is common—but requesting leave under FMLA or CFRA can become a legal minefield if you’re not careful. Here are the top 5 mistakes California workers make—and how to avoid them.
1. Not Giving Proper Notice
Many employees assume they can simply announce their absence at the last minute. However, both FMLA and CFRA require you to give 30 days’ notice for foreseeable leaves, such as scheduled surgeries or planned births. For unexpected emergencies, you must notify your employer as soon as practicable.
Tip: Notify your employer in writing and keep a copy for your records.
2. Failing to Provide Medical Certification
Employers have the right to request medical certification confirming your need for leave. Without proper paperwork, your employer may deny your leave or delay approval.
Tip: Act quickly. Provide all requested forms to avoid delays or disputes.
3. Assuming All Employers Must Comply
Many employees wrongly believe all employers must grant FMLA or CFRA leave. In reality:
- FMLA applies to businesses with 50 or more employees within a 75-mile radius.
- CFRA covers California employers with just 5 or more employees.
Tip: Check your employer’s size before planning leave.
4. Thinking Leave is Always Paid
Both FMLA and CFRA guarantee job protection but not pay. Many employees mistakenly expect full pay during leave. However, California’s Paid Family Leave can provide partial wage replacement for certain types of CFRA leave.
Tip: Budget accordingly and explore state benefits like Paid Family Leave.
5. Not Tracking Leave Time
Employers can run FMLA and CFRA concurrently, meaning the same leave period may count toward both limits. Some employees assume they have double the time off.
Tip: Keep a personal log of how much leave you’ve used and for what reason.
A few simple steps can help ensure your family leave goes smoothly. Understand your rights, communicate clearly with your employer, and stay organized!
