Employers use this form to assess the applicability of FMLA/CFRA leave and to provide the employee with the required notices.
FMLA stands for the Family and Medical Leave Act, which is a federal law that provides eligible employees the right to take unpaid leave for certain family and medical reasons. In California, FMLA is known as the California Family Rights Act (CFA), and it applies to employers who have 50 or more employees within a 75-mile radius. Here are some key rules for FMLA in California: 1. Eligibility: To be eligible for CFA/FMLA, an employee must have worked for the employer for at least 12 months, and have worked at least 1,250 hours during the previous 12 months. 2. Covered Reasons: CFA allows eligible employees to take leave for certain family and medical reasons, including the birth or adoption of a child, to care for a seriously ill family member, or for the employee's own serious health condition. 3. Duration of Leave: An eligible employee can take up to 12 workweeks of unpaid leave within a 12-month period. If both parents work for the same employer, they are entitled to a combined total of 12 workweeks of leave for the birth, adoption, or foster care placement of their child. 4. Job Protection: While on CFA/FMLA leave, the employee's job is protected, meaning they are entitled to return to the same or an equivalent position when they return from leave. Employers are prohibited from retaliating against employees for exercising their rights under CFA. 5. Notice Requirements: Employees must provide their employers with at least 30 days' advance notice of the need to take CFA/FMLA leave when it is foreseeable. When leave is not foreseeable, employees must provide notice as soon as practicable. 6. Paid vs. Unpaid Leave: CFA/FMLA leave is generally unpaid. However, employees can use their accrued paid vacation, sick leave, or any other paid time off available to them during their leave. It is also important to note that there are additional rules regarding CFA/FMLA leave specific to pregnancy disability leave, which provides additional protections for pregnant employees. These rules may differ slightly from the general CFA regulations. In summary, the rules for CFA/FMLA in California provide eligible employees the opportunity to take unpaid leave for various family and medical reasons, while safeguarding their job positions. The CFA/FMLA leave durations and notice requirements ensure employees have sufficient time to address their own health needs or care for their family members.
