The Legal Aid Society - Employment Law Center

Keeping the Promise of Justice for All

Work & Family

Employees face many workplace challenges when they need time off from work because of pregnancy or bonding with a new child or because of their own serious health condition or the need care for a seriously ill child, parent, spouse, or domestic partner.

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are laws that provide unpaid “family leave” for workers who need time off to care for themselves, an ill family member, or to bond with a new child (including adopted and foster children). FMLA/CFRA provide employees with up to 12 weeks of continued health insurance coverage if the employee had health insurance prior to the leave.

State and federal protections for pregnant workers provide job-protected but unpaid leave for pregnant workers. Pregnant workers also may be entitled to reasonable accommodations or job transfers at work. The state SDI fund is a source of partial wage replacement for workers on pregnancy leave.

In addition, the Paid Family Leave program provides partial wage replacement for California workers who take time off to care for family members or bond with a new child.

LAS–ELC’s Work and Family Project provides legal services and advice to people about their rights to time off because a health or family crisis.

The tools we use include:

  • Legal help: LAS–ELC provides assistance and legal advice to workers through the Work and Family Project Information Line, toll-free in California 800-880-8047 or 415-593-0033 in the Bay Area.
  • Lawsuits: LAS–ELC is committed to litigating cases that we believe will develop favorable case law under the FMLA and the CFRA.
  • Advocacy: LAS–ELC participates in federal and state legislative efforts to expand the rights of workers to family and medical leave.
  • Public Education and Outreach: LAS–ELC offers workshops and training for workers, health care providers, and advocates about the rights of poor families who are grappling with the demands of work and family. We provide self-help tools including fact sheets and other reference materials in English, Spanish, and Chinese to inform workers of their legal rights.
  • Collaboration: Together with several organizational partners, the LAS–ELC established the Paid Family Leave Collaborative to ensure working Californias know about and exercise their right to paid family leave. Press release on the fifth anniversary of PFL Collaborative.

LAS–ELC Helps Low-Income Workers Get Unemployment Insurance

Among those greatly hurt by recent delays in unemployment benefits were Luis Coronel and his pregnant wife. Coronel, who lost his job as a janitor at a San Francisco hotel, waited a month after filing his unemployment claim to hear back from the Employment Development Department—only to learn that his benefits had been denied. Coronel filed an appeal and heard nothing for three months. Unable to find a new job, he and his pregnant wife skipped meals and then lost their home, eventually moving in with Coronel’s mother.

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