Does CFRA Cover Parent in Laws?
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are two significant pieces of legislation designed to protect employees’ rights to take time off from work for family and medical reasons. One common question that arises is whether the CFRA covers parent-in-laws. In this article, we will explore this topic and provide an overview of the CFRA’s provisions regarding family members, including parents-in-law.
Understanding the CFRA
The CFRA is a state law that mirrors the FMLA, providing eligible employees with the right to take up to 12 weeks of unpaid, job-protected leave per year. The purpose of the CFRA is to allow employees to care for their immediate family members, including children, parents, and spouses, without the fear of losing their jobs. The CFRA covers employers with 50 or more employees within a 75-mile radius.
Defining Immediate Family Members
Under the CFRA, the term “immediate family member” includes parents, children, and spouse. However, the definition of “parent” is not as straightforward as it may seem. The CFRA defines a parent as a biological, adoptive, or foster parent, as well as a step-parent. This means that the CFRA does cover parent-in-laws, as long as they are step-parents.
Eligibility for Parent-in-Law Leave
To be eligible for leave under the CFRA to care for a parent-in-law, the employee must meet the following criteria:
1. The employee must have worked for the employer for at least 12 months.
2. The employee must have worked at least 1,250 hours during the 12-month period preceding the leave request.
3. The employer must have at least 50 employees within a 75-mile radius.
Types of Leave for Parent-in-Law Care
The CFRA allows employees to take leave for various reasons related to the care of a parent-in-law, including:
1. The employee’s parent-in-law has a serious health condition that requires the employee’s care.
2. The employee is needed to care for a parent-in-law who is a covered service member with a serious injury or illness.
3. The employee is experiencing the birth, adoption, or foster care placement of a child.
Conclusion
In conclusion, the CFRA does cover parent-in-laws, specifically step-parents, as immediate family members. Employees who meet the eligibility criteria can take up to 12 weeks of unpaid, job-protected leave to care for their parent-in-law in the event of a serious health condition or other qualifying reasons. It is essential for employees to understand their rights under the CFRA and to communicate with their employers regarding their leave requests.
