Understanding FMLA and CFRA Leaves in California
Federal and state leave laws, like the CFRA (California Family Rights Act) and the FMLA (Family Medical Leave Act), often times contain conflicting and overlapping employer obligations in regard to employee leave. One of the most common mistakes regarding employee leave is the denial of family or medical leave by Human Resources as mandated by state and federal law.
If you are an employer that meets CFRA or FMLA requirements, you are obligated to offer a leave policy under state and federal law. Violating this statute and/or violating any medical, family, pregnancy, or parental leave regulation in any way can result in administrative proceedings or civil lawsuits.
The Varying Types of Employee Leave under FMLA and CFRA
Both FMLA and CFRA offer, per year, up to twelve weeks for leave, for a variety of different types of occurrences including:
- Bonding with a newly born, adopted, or child placed into your care through foster care.
- An exigency related to the military service of the immediate family. (FMLA)
- A serious health condition on the part of the employee themselves.
- Providing care for a serious health condition of an immediate family member.
When an employee is granted leave, it must come with a guarantee that they will be reinstated in their original position or one comparable to it. This means that they must come back to the job they were granted leave from or be provided with a job that is identical to the position they had taken leave from in terms of working condition, pay, and benefits, and must be able to be done at the same geographic location, or close there at hand. Though an employee is given the right to return to work with the company after leave, this is not an absolute, and certain conditions do apply.
Employer and Employee Requirements for Leave in California
As a private company in California, you are obligated to uphold certain state and federal leave laws if you employee over fifty individuals who have been on the payroll for twenty or more calendar days in the current, or proceeding, calendar year. This includes various types of employees including those who have received no compensation, commissioned employees, part-time employees, and on leave employees who are returning to work.
This does not include employees who have been laid off. Under both the California Family Rights Act, and the Family Medical Leave Act, an employee will have had to have worked for their employer, who is covered by leave laws, for at least twelve months, and have a combined total of at least 1,250 hours before the beginning of their leave to be applicable. The work site of the current employee must also have at least 50 other company employees within 75 miles for approval for both CFRA and FMLA.
Several types of leave generally go unpaid by the employer. Under certain employee rights, however, accrued, paid, vacation or sick time can be substituted for time that would otherwise go unpaid. However, those who are recipients of health insurance are still entitled to receive this compensation during family medical leave. Under both FMLA and CFRA it is a requirement that employers post specified notices informing employees of their leave rights. There are several different circumstances in which an employee may take CFRA or FMLA leave, and the provisions will often times work concurrently, though there may be instances in which one operates without the other. This is why familiarization with leave laws in California and on a federal level.
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