Life sometimes presents us with sudden medical conditions that impair our ability to work or grants us the wonders of a new child. As you navigate life’s circumstances, the status of your job should not be a stressor. In this blog post, you will learn the basics of the California Family Rights Act.
What is the California Family Rights Act?
The California Family Rights Act of CFRA is the state equivalent of federal Family Paid Leave. It provides eligible employees up to 12 weeks of paid or unpaid job protection.
What kinds of employers does CFRA apply to?
CFRA applies to employers who employ five (5) or more part-time or full-times employees who are paid a salary or wages for their services.
What kinds of employees are eligible for CFRA?
- Employees are eligible for CFRA if they have been:
- Employed by employer for at least 12 month and
- Employed for at least 1250 hours during the 12-month period preceding the date leave is to start.
What kinds of circumstances fall under CFRA protection?
- Birth or adoption of a child
- Foster placement of a child
- To care for a family member (spouse, including registered domestic partners, child, or parent) with a serious health condition
- When an employee is unable to work because of a serious health condition*
What qualifies as a “Serious Health Condition”?
- Incapacity** resulting from inpatient care (hospital, hospice, or residential medical care facility)
- Any incapacity** requiring an absence longer than three consecutive calendar days
- Continuing treatment by a health care provider for a chronic or long-term health condition
- Restorative surgery for injuries (including dental) sustained from an accident or injury
** Incapacity is defined as: when an employee is unable to work, attend school or perform regular daily activities due to a serious health condition.
What is NOT covered under CFRA?
- Pregnancy or childbirth disability***
- Routine physical examinations
*** While pregnancy or childbirth disability does not fall under CFRA protections, both are covered under California Pregnancy Disability Leave (PDL)
How would one go about requesting leave?
- Provide notice. Notice can be in writing or verbal.
- The notice should include:
- The date(s) of the requested leave
- The expected duration of the leave
- Provide ample time for notice. An employer may require 30-day advance notice from employee.
- If the basis for requested leave is unexpected, report as soon as practicable.
If one requests leave, what can the employer do?
- The employer may not require disclosure of diagnosis.
- Although they cannot require disclosure of diagnosis, an employer may request medical certification. Employee consent is required for disclosure of diagnosis.
- An employer must respond to leave request(s) no later than 5 business days after the request was made.
- An employer may require an employee to use accrued sick or vacation time, unless time is covered by other paid leave laws.
- Employer funded health benefits will remain available during said protected leave.
Returning after CFRA leave?
- You are guaranteed the same or comparable position upon your return from CFRA leave (can request guarantee in writing).
- If your position is no longer available,. then you are guaranteed a comparable position upon your return.
- Comparable in: Pay, benefits, shift, schedule, geographic location, and working conditions. This includes privileges, perquisites, and status.
- There is no right to reinstatement if a layoff or termination occurs unrelated to the leave.