A BRIEF REVIEW OF CALIFORNIA FAMILY CARE & MEDICAL LEAVE LAWS

The types of leaves guaranteed by statute include e: (a) California Family Rights Act (CFRA) (b) California Pregnancy Disability Leave Law (PDLL); (c) California Paid Family Leave (PFL); and (d) Family and Medical Leave Act (FMLA).

California Family Rights Act

The California Family Rights Act (CFRA) applies to those employers who employ five (5) or more full – or part-time employees.  Qualifying employees can take up to twelve (12) weeks off work to care for their own serious health condition; care for certain family members’ serious health condition; or to bond with a new child (by birth, adoption, or foster placement).  CFRA leave also covers certain individuals and instances related to service in the U.S. Armed Forces, as specified in Section 3302.2 of the Unemployment Insurance Code.

“Family members” include: child, spouse, domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or someone else related by blood or in a family-like relationship (“designated person”) with a serious health condition.

“Serious health condition” is an illness, injury, impairment, or physical or mental condition involving either (A) inpatient care in a hospital, hospice, or residential health care facility; or (B) continuing treatment or supervision by a health care provider.

To be eligible for CFRA leave, an employee must be: employed at least 12 months as of the date leave commences, and employed at least 1250 hours of service during 12-month period commencing before the leave.

An employer must notify employees of their family and medical leave rights via posting requirements. It is an unlawful employment practice for a covered employer to interfere with, restrain, or deny the exercise of any rights under the CFRA.

Employers are not required to pay employees during a CFRA leave, but may chose to do so.  An employer may require an employee to give 30 days’ advance notice of the need for CFRA leave, where the need for leave was foreseeable. An employer may also require written certification from the health-care provider of the individual with a serious health condition stating the reasons for the leave and the probable duration of the condition.

Upon return from CFRA leave, the employee is guaranteed a return to the same or comparable position and can request the guarantee in writing. If the position is not available, the employer must offer a position that is comparable in terms of pay, benefits, shift, schedule, geographic location, and working conditions, including privileges, perquisites,  and status, unless the employer can prove  that no comparable position exists.

If the employee was going to be terminated or laid off for reasons unrelated to the CFRA leave then they are not entitled to reinstatement.

Pregnancy Disability Leave

Pregnancy Disability Leave (PDL) applies to employers with five (5) or more employees.  Under the PDL an employer is required to provide the following:

• leaves of up to four months due to pregnancy, childbirth, or related medical condition;
• transfer affected employees under appropriate circumstances; and
• reasonably accommodate employees for conditions related to pregnancy, childbirth, or related medical condition
• Following PDL, an employee may have a full 12 workweeks of CFRA leave available (e.g., for childcare leave) less any CFRA leave taken for reasons other than pregnancy disability during the leave year in question.

State Disability Insurance or Paid Family Leave 

Employees who are eligible for State Disability Insurance (SDI) may receive partial wage replacement for non-work-related illness, injury, or pregnancy.  Paid Family Leave (PFL) provides for payments from the State Disability Fund for wage loss of employees who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling or domestic partner, or to bond with a minor child within one year of the birth or placement of the child in connection with foster care or adoption.  PFL leave applies regardless of whether the employee qualifies for CFRA leave.