As an employer, you must have accurate and detailed information to ensure your business or organization adheres to rules and regulations enforced by the state. The California Family Rights Act is designed to help employees maintain their employment when a long leave may be required due to extenuating circumstances. It is important to understand what the California Family Rights Act is, the requirements necessary for it, and what it means for both employer and employee.
What Is the California Family Rights Act?
The California Family Rights Act (CFRA) is designed to provide eligible employees with up to 12 weeks of unpaid, job-protected leave. There are a few different instances that qualify a person to use this leave, including dealing with a serious medical condition or introducing a new child into the family. This act ensures that employees can take necessary leave without fear of losing their employment.
What Leave Qualifies for CFRA?
To qualify for CFRA, an employee must have more than 12 months of service at an employer that employs five or more employees. For part-time employees, they need to have worked at least 1,250 hours in the past year before leave begins. This leave can be up to 12 weeks in 12 months. The amount of leave works in proportion to the employee’s normal work schedule. It is also important to note that this time doesn’t have to be taken in one consecutive chunk of time.
The California Family Rights Act covers a few main qualifications of necessary leave. This includes:
- Serious medical conditions. An employee can seek extended leave to deal with a serious medical condition that they are experiencing or if a close family member such as a child, spouse, or parent is experiencing a serious medical condition.
- Spending time with a new child. As a new parent, it is important to take time to bond with your child, especially in the early days and months. The CFRA can be utilized for new parents who have recently had a child, have adopted a child, or are receiving a child to care for from a foster program.
- Active duty. An employee can take CFRA to leave for necessary active duty or call to duty of themselves, a spouse, child, or parent in the Armed Forces.
What Qualifies as a Serious Medical Condition?
One of the most common uses for CFRA is due to serious medical concerns. Both employer and employee need to understand what qualifies as a serious condition. In most instances, a serious medical condition is an illness, injury, or impairment that requires:
- A period of incapacity or treatment following inpatient care
- Any period that requires more than three consecutive days of missing work, school, or other regular activities
- Ongoing treatment of a chronic or long-term health condition that requires supervision of a health care professional.
- Restorative plastic surgery or dental work following a serious accident or injury.
Employer and Employee Obligations
As an employer in the state of California, you must provide information about CFRA to your employees. This information should be posted somewhere it is clearly visible and where employees tend to gather. When it comes to using CFRA, employers can require an employee to provide a 30-day notice. However, due to the unpredictability of many medical concerns, employees are often encouraged to submit their request at the earliest time that is practical, given the unique circumstances.
CFRA requests can be provided verbally or in writing. This usually includes the reason for the leave and the anticipated length of time. Employers need to respond to these requests as soon as possible, no later than five business days following the initial request.
Employers can require employees to provide written certification from a healthcare provider. A healthcare provider can’t disclose the diagnosis without the consent of the patient, but they can provide an explanation of the necessity of leave and how long the anticipated leave could be. This can be requested whether it is the employee dealing with the medical condition or a relation who falls under the qualifications of leave, such as a spouse or parent.
Impacts on Salary and Benefits Under CFRA
Employers are not required to pay their employees who take extended leave under CFRA though some employers do choose to do so. However, employers should pay employees for any accrued time off if it is requested or the employee is required to use it. With that in mind, employers do have the right to require an employee to use accumulated vacation or paid leave outside of sick time unless the employee is receiving paid family leave.
Though employers are not obligated to pay their employees during this time, they do still need to provide health benefits if utilizing a group plan. Employers are required to continue making health benefits available during the entire length of leave time. Employees can also maintain their seniority as well as participate in other benefit plans that may be offered.
Returning to Work
Under CFRA, employees are guaranteed a return to the same position or a comparable position once their leave is over. A comparable position includes similar pay, benefits, schedule, location, and working conditions. As an employer, you would have to compile adequate proof to illustrate why you are unable to return an employee to their previous position or a comparable one. The only instance where reinstatement is not mandatory is if the person was laid off or terminated for reasons that are unrelated to the CFRA leave.
Talk With the Experts
As an employer, you want to provide your employees with what they need. The California Family Rights Act is designed to provide peace of mind to employees that their job will still be there after having to take extended leave. It is important to understand what obligations you have as an employer to ensure you are complying with the rules and requirements associated with CFRA. If you worry about your level of compliance, you can turn to professionals for answers. At Fishman, Larsen, and Callister, we help employers understand important laws that could affect their business practices. Contact us to learn more.