| Quick FAQS | | | | obligation to designate or deny leave, in writing and |
| What are FMLA and CFRA? | | | | indicate if leave is paid or unpaid. Designating leave |
| FMLA stands for Federal Family and Medical Leave | | | | must be done prospectively and not retroactively |
| Act. CFRA stands for California Family Rights Act. | | | | unless the employer lacks sufficient information as to |
| Both acts represent Federal and State laws that | | | | the reason for leave. |
| allow eligible employees to take up to 12 work | | | | FMLA and CFRA allowed time off |
| weeks of unpaid leave during any 12 month period. | | | | For FMLA, up to 12 weeks in an established 12 month |
| What are the acceptable reasons for taking a leave | | | | period is allowed. Intermittent leaves or a reduced |
| of absence? | | | | work schedule may be taken when medically |
| For FMLA reasons will include a serious health | | | | necessary. CFRA is the same as FMLA with the |
| condition of the employee, child, spouse, or parent; | | | | exception that leave(s) taken for the birth, adoption, |
| the birth of a child of the employee, placement of a | | | | or foster care placement shall be granted at a |
| child for adoption or foster care. This includes any | | | | minimum of two week increments. On two occasions |
| period of incapacity due to pregnancy, including | | | | increments of less than two weeks may be used. |
| prenatal examinations or severe morning sickness. | | | | FMLA and CFRA leave will run concurrently, except in |
| CFRA works the same as FMLA, except that CFRA | | | | the case of a leave taken for disability due to |
| also allows for care of a registered domestic partner | | | | pregnancy, childbirth or a related medical condition in |
| and excludes pregnancy. For pregnancy, California | | | | the State of California which is covered separately |
| allows up to 4 months of Pregnancy Disability Leave | | | | under the California Pregnancy Disability Leave. |
| (PDL) pursuant to the California Fair Employment and | | | | How to determine paid or unpaid leave. |
| Housing Act for all employers with five or more full | | | | FMLA and CFRA is unpaid, however, an employee |
| or part time employees. PDL is for any women | | | | may choose or the employer may require substitution |
| hindered due to pregnancy, childbirth, or a related | | | | of unpaid FMLA with vacation or other accrued time |
| medical condition. This includes prenatal care and | | | | off and/or sick pay to the extent the circumstances |
| severe morning sickness | | | | meet the employer's typical policy for the use of sick |
| Federal Family and Medical Leave Act (FMLA) for | | | | pay. |
| Covered Employers | | | | Does the group health coverage continue while the |
| Covered Employers are those who engage in activity | | | | employee is on leave? |
| affecting commerce and employ 50 or more | | | | For both FMLA and CFRA, the employer must |
| employees in 20 weeks of current or preceding year. | | | | continue any group health plan for the duration of |
| Public agencies and private elementary and secondary | | | | FMLA leave, at least 12 weeks in a 12 month period, |
| schools are covered regardless of the number of | | | | under the same conditions as if the employee was |
| employees. | | | | actively working. Longer health plan coverage or |
| California Family Rights Act (CFRA) for Covered | | | | other benefits are determined by the employer's |
| Employers | | | | policy to the same extent and under the same |
| Covered Employers are those who engage in | | | | conditions as would apply to any other leave. |
| business or enterprise in California and employ 50 or | | | | Employees are still responsible for their share of |
| more employees in any 20 weeks of current or | | | | benefit premium payments. |
| preceding calendar year. California, counties, and any | | | | What happens when the employee returns from |
| political or civil subdivision of the state and cities are | | | | leave? |
| covered regardless of the number of employees. | | | | For both FMLA and CFRA, the employee must be |
| FMLA and CFRA for Covered Employees | | | | reinstated to the same or equivalent position at the |
| Covered Employees are employed with the employer | | | | end of leave. However, the employee has no greater |
| for at least 12 months (need not be consecutive | | | | right to reinstatement, benefits, or to other |
| months), worked at least 1,250 hours during the 12 | | | | conditions of employment than if he or she was |
| month period immediately preceding the leave, and | | | | continuously employed during FMLA leave. The |
| employed at a worksite where 50 or more | | | | exception to this is for salaried key employees, |
| employees work within a distance of 75 surface | | | | defined as the highest paid 10% of all employees. If |
| miles. | | | | denial is necessary to prevent serious economic harm |
| What are the posting requirements? | | | | to the employer, then the employee needs to be |
| An FMLA and CFRA notice explaining entitlements of | | | | properly notified. |
| leave and procedures for filing a complaint with the | | | | The above is a brief summary of information |
| Department of Labor, Wage and Hour Division must | | | | pertaining to FMLA & CFRA and not a complete |
| be posted in a conspicuous place where applicants | | | | description of all rules and regulations. As rules and |
| and employees tend to congregate. | | | | regulations are subject to change we cannot verify |
| Can the employer request medical certification? | | | | that all information is current or completely accurate. |
| FMLA and CFRA. An employer can request medical | | | | HCP National provides educational programs to assist |
| certification from the employee. The employer can | | | | our clients in risk management through compliance |
| ask for a second and even third opinion to verify the | | | | with various applicable federal laws, rules and |
| validity of the medical certification. However, under | | | | regulations; however, this is neither an effort to |
| CFRA, a second or third medical opinion cannot be | | | | practice law or a legal service. We encourage |
| requested regarding the care of an employees family | | | | everyone to consult with their own attorney, |
| member. The employer must accept the certification | | | | certified public accountant and tax professional on |
| What is the employer's obligation to designate or | | | | any issues involving specific facts, persons, |
| deny leave? | | | | circumstances or situations. |
| For both FMLA and CFRA it is the employer's | | | | |