In Part 1 of our series on the California Family Rights Act (“CFRA”), we introduced some basic information about CFRA, like who is covered, which family members qualify, and notice requirements.
In this follow-up, we’ll look at another five important things about CFRA leave that every California employee and employer should know, from what circumstances qualify an employee for CFRA leave to how that leave can be scheduled, and what happens when CFRA leave ends.
No. 1: Not every type of health issue is covered under the CFRA, just “serious health conditions.” Conditions like the common cold, flu, earaches, and minor headaches do not qualify unless they result in complications or ongoing medical treatment.
No. 2: Pregnancy and childbirth are not covered under CFRA. California provides separate Pregnancy Disability Leave (“PDL”) for up to four (4) months. However, after PDL ends, an employee may be entitled to twelve (12) weeks of CFRA leave to bond with a new child.
No. 3: CFRA leave for parental bonding applies not only to employees bonding with a newborn biological child, but also to those welcoming a newly adopted child or a child placed through foster care, regardless of the child’s age.
No. 4: Employees are not required to take all of their CFRA leave at once. In many circumstances, they may instead take their leave intermittently or as part of a reduced work schedule.
No. 5: When CFRA leave ends, an employee is entitled to return to the same position or a comparable position, which means a position that is virtually identical in terms of pay, benefits, and status. An exception may apply if the position would have been eliminated regardless of the 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.