California Family Rights Act (CFRA)
Applies to all private employers with 5 or more employees
The CFRA requires covered employers to provide unpaid job-protected leaves of absence for certain qualifying reasons. Previously, the CFRA was applicable to employers with 50 or more employees, but it was recently expanded to cover all employers with only five or more employees.
The regulations implementing the CFRA provide details about how CFRA leave works and the numerous employer and employee obligations under the law.
Amount of leave:
The CFRA provides up to 12 weeks of job-protected leave in a 12-month period.
Eligible Employees:
Employees are eligible for CFRA leave if they have worked for the employer for 12 months and 1,250 hours in a 12-month period.
Reason for Leave:
An employee can use the CFRA in the following circumstances:
- The employee's own serious health condition.
- Caring for a family member (parent, child, grandparent, grandchild, sibling, spouse, registered domestic partner or parent-in-law) with a serious health condition.
- A qualifying exigency relating to a close family member's military service.
- Bonding with a newborn, an adopted child or a child placed in foster care with an employee.
Employer's Basic Responsibilities:
The CFRA imposes posting and notice obligations on covered employers.
Employers must post the Family Care and Medical Leave and Pregnancy Disability Leave Notice in a conspicuous place where applicants and employees tend to congregate.
When an employer learns that an employee is absent for any reason that may qualify as CFRA, employers should send a notice to the employee informing them of their rights under the CFRA and designating any time off related to the absence as CFRA.
If employers are also covered by the FMLA, there are separate FMLA notice and designation requirements.
Employers are prohibited from interfering with the exercise of CFRA rights and from retaliating against an employee who takes CFRA leave. Under the CFRA, employees have a right to be reinstated, meaning employers must return employees to the same or a comparable position when the leave ends.
If you location needs assistance with forms for the CFRA leave, please contact tammy@cahrconnect.com
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