The California Family Rights Act (“CFRA”) provides eligible employees in California with up to twelve (12) weeks of job-protected leave for qualifying reasons, including the employee’s own serious health condition, caring for a seriously ill family member, bonding with a new child (whether by birth, adoption, or foster placement), or addressing certain emergencies related to a family member’s active military duty. Here or five things to know about CFRA leave:
No. 1: The CFRA applies to employers with five (5) or more employees, while its federal counterpart, the Family and Medical Leave Act (“FMLA”), applies only to employers with fifty (50) or more employees. This means that many California employees working for small businesses, who might be ineligible for FMLA leave, are protected under the CFRA.
No. 2: The CFRA defines “family” more broadly than the FMLA. Under the FMLA, only leave to care for a spouse, child, or parent is covered. In contrast, the CFRA allows leave to care for a child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, or a “designated person.” (A designated person may be a blood relative or anyone whose relationship with the employee is the equivalent of family. A designated person can be identified at the time the employee requests the leave, and only one designated person may be identified during a 12-month period.)
No. 3: If an employee’s need for CFRA or FMLA leave is foreseeable, the employee must provide the employer with reasonable advance notice of the need for the leave. An employer may require the employee to provide a certification issued by the health care provider of the individual requiring care, but an employer cannot request specific medical details.
No. 4: Under both the FMLA and CFRA, employers must maintain an employee’s existing group health coverage while the employee is on leave, on the same terms as if the employee were still working.
No. 5: The CFRA prohibits employers from retaliating or discriminating against employees who request or take CFRA leave.
If you have questions about CFRA leave, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.