When Can I Take Family or Medical Leave?

The California Family Rights Act (“CFRA”) authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period.

Who is an eligible employee for purposes of CFRA leave?

An employee who has 12 months of service with the employer and have worked at least 1,250 hours for that employer in the 12-month period before the leave begins

What may my employer request from me?

An employer may require written communication from your health-care provider or the healthcare provider of the family member with a serious health condition stating the reasons for your leave and the probable duration of the leave

Is my employer required to pay me during my leave?

No, but you may be able to use accrued sick and vacation time for the leave

What can I take leave for?

• Bonding with a newborn, adopted child, or child placed for foster care

• Caring for a family member with a serious health condition

• Your own serious health condition

What is a serious health condition?

An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility or continuing treatment or continuing supervision by a health care provider

Is my job guaranteed upon my return?

Employees are guarantee a return to the same or comparable position

A comparable position is one that is similar to an employee’s previous position in terms of pay, location, job content, and promotional opportunities

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SO,

what important changes have been made to the CFRA in 2020

&

when will they take effect?

Currently,

• The CFRA only requires companies with 50 or more employees (or 20 more employees for new child leave) within a 75-mile radius to provide employees with medical leave

• Only allows employees to take leave to care for the serious health condition of a parent, child (minor or dependent adult), spouse, or domestic partner

As of January 1, 2021,

• The CFRA will apply to much smaller employers and will eliminate the 75-mile radius requirement meaning, employers with just 5 or more employees must comply with the CFRA’S leave laws

• Employers must allow employees to take leave to care for the serious health condition of a parent, spouse, domestic partner as well as a grandparent, grandchild, sibling, child (of any age)

• Leave will also be available due to a qualifying exigency related to covered active duty or call to covered active duty of an employee's spouse, domestic partner, child, or parent in the United States Armed Services