FAMILY AND MEDICAL LEAVE
FMLA and CFRA
Under Federal Law (FMLA; 29 U.S.C. Sections 2601 et seq) and California Law (CFRA; California Government Code 12945.2.) certain employers are required to permit eligible employees to take, paid or unpaid, time off work for certain reasons. This page discusses the rules that apply to these laws.
Which Employers Must Comply?
Any employer that regularly employs more than fifty (50) people within a seventy five (75) mile radius.
Who is Eligible?
- An employee who is employed for at least 12 months; and
- An employee who has physically worked 1,250 hours during previous 12 month period;
Time off for sick leave, vacation/annual leave, or, Holidays are not counted toward the 1250 hours.
Reasons for Leave
- Care of a newborn child, newly adopted child, or care of a child newly placed in foster care;
- Under Federal Law (FMLA) any woman who takes Pregnancy Disability Leave is also using FMLA at the same time. California law says that CFRA leave is separate from Pregnancy Disability Leave, so employees who work for employers with five or more persons can take time off (up to 12 weeks) under the CFRA in addition to any time off for Pregnancy Disability Leave. (See, California Government Code Section 12945. Provides up to four (4) calendar months or eighty-eight (88) work days off.
- To care for an immediate family member (spouse, child, or parent) with a serious health condition;
- Due to the Employee’s own serious health condition.
A serious medical condition is defined as an illness, injury, impairment or physical/mental condition that necessitates either inpatient treatment or at least requires two doctor visits in a 30-day period and incapacitates the employee for more than three consecutive days.
Some examples of serious medical conditions include:
- Chronic serious health condition (asthma, diabetes, epilepsy, etc.)
- Multiple treatments (chemotherapy)
- back pain that requires extensive therapy
- pneumonia (but not the flu)
- severe depression
Benefits to Employees
- Twelve workweeks of paid or unpaid leave;
- Job is protected during this time;
- If the employer provides health benefits under a group plan, the employer must continue to make these benefits available during the leave.
What are the Notice Requirements?
· - Employees Notice: Employees must provide notice to the employer that the employee needs FMLA or CFRA leave. If leave is foreseeable, at least 30 days notice is required. Employees requesting FMLA or CFRA leave are required to state the reason for the leave.
· - Employers Notice: Employer must provide notice to employees of the right to request FMLA/CFRA leave and should post the notice in a conspicuous place or state it in an employee handbook.
Is Medical Certification Required?
Employees who request leave for their own Serious Health Condition or to care for a child, parent or a spouse who has a Serious Health Condition must provide written certification from the Health Care Provider of the individual requiring care. If the leave is requested because of the employee's own Serious Health Condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position.
DID YOU KNOW:
- Under federal law (FMLA) and California law (CFRA) an employee who takes time off for family care and medical leave must be reinstated to the same position or to an equivalent position.
- After the leave, if the position is unavailable (for example, due to a layoff), the employee has no right to reinstatement.
- An employer is not required to pay an employee during a FMLA/CFRA leave, except when the employer requires the employee to use vacation time or other accumulated paid leave other than accrued sick leave. However, if the leave is for the employee's own serious health condition, the employee may elect or the employer may require the employee to use any accrued vacation time or other accumulated paid leave, including any accrued sick leave.
- If any time is taken off under the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), the employer can deduct the hours from the employees pay without risking losing the exemption stratus.
- If the employer has reason to doubt the validity of a certification for the employee’s own Serious Health Condition, the employer may require a medical opinion of a second Health Care Provider chosen and paid for by the employer.
California Family Temporary Disability Insurance (FTDI)- In addition to CFRA, Labor Code Sec. 233 provides that a California employee who pays into the State Disability Insurance (SDI) program qualifies for an additional six weeks of partial pay or up to 55 percent of their wages each year if they need time off to bond with a new child or care for a seriously ill family member.
For Additional Information about family care and medical leave and related leaves, please call our office at (310) 277-2323 or contact us online for a Free consultation
