California Family Rights Act
and
Family Medical Leave Act

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)  are federal and state leave laws that allow eligible employees of covered employers to take unpaid, job-protected leave. ​The FMLA and the CFRA are very similar laws regarding their eligibility requirements, leave entitlement, and protections, but there are some differences. Employers and employees should consult with an experienced employment law attorney regarding application and eligibility of both laws. 

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 FAQ:

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Q:  What qualifies as a “serious health condition”?

A:  A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either (A) inpatient care in a hospital, hospice, or residential health care facility; or (B) continuing treatment or continuing supervision by a health care provider.

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Q:  How does the employee notify the employer that they want to take leave under CFRA?

A:  Notice can be written or verbal and should include the timing and the anticipated duration of the leave, but an employer may not require disclosure of an underlying diagnosis. If the employee’s need for CFRA leave is foreseeable, the employee must provide reasonable advance notice and, if due to a planned medical treatment or supervision, the employee must make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision.

 

If the employee’s need for CFRA leave is not foreseeable, notice must be given as soon as practicable or 15 days from the employer's request. An employer must respond to a leave request as soon as possible and no later than 5 business days.

 

Q: Are employers required to pay the employee any other benefits while the employee is out on CFRA leave?

A:  If the employer provides health benefits under a group plan, the employer must continue to make these benefits available during the leave. Similarly, the employee is entitled to continue accruing seniority and participate in other benefit plans.

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If you have any further questions or need additional information about the California Family Rights Act leave or Family and Medical Act leave, please contact me for a FREE confidential consultation at (916) 333-4653 or Stephen_Fiegel_Esq@comcast.net.