The CFRA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a month period. The month period is determined by a rolling month period measured backward from the start date of the CFRA leave.
Leave may be taken for any one, or for a combination, of the following reasons:. It I always critical to consider the impact of one policy change on other policies. The California Family Rights Act CFRA was revised effective January 1, to require California employers with at least one 1 employee in California and five 5 or more total employees to provide up to 12 weeks of unpaid, job protected leave for various family and medical reasons.
The revision also repealed the short-lived California New Parent Leave Act, which provided leave to new parents employed by employers with 20 or more employees. Employers covered by the CFRA that have an employee handbook that describes other kinds of personal or disability leaves available to employees must include a description of CFRA leave in the handbook..
Eligible Employees. Employees are eligible for CFRA leave if they have worked for the employer for at least 12 months and have worked for 1, hours in the previous month period. Special hours of service eligibility requirements apply to airline flight crew employees. Reasons for Leave. Certain types of leave as noted in the policy may be taken on an intermittent or reduced schedule basis. Effective January 1, , parents-in-law of a spouse or a domestic partner must be included.
Medical Certification. The CFRA allows employers to require employees to provide limited medical certification from a health care provider for leave for their own serious health condition or the serious health condition of a family member. Employees serving under appointments limited to one year or less, or under intermittent appointments, are not covered. FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:.
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
Under certain conditions, FMLA may be taken intermittently, or employees may work under a reduced work schedule by taking family and medical leave for part of each workweek. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. An employee may elect to substitute other paid leave, as appropriate, for any of the 12 weeks of unpaid leave under the FMLA.
Current law and regulations governing granting and using annual and sick leave including advanced leave apply. Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee's leave. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with normal call-in procedures.
A supervisor may require medical certification for FMLA leave taken to care for an employee's spouse, son, daughter, or parent who has a serious health condition or for the serious health condition of the employee.
Employees must provide sufficient information for the employer HR to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave.
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