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The following provides a broad overview of the CFRA’s basic provisions, such as who is covered by the CFRA, which employees are eligible for leave and for what reasons. Each of the following issues will be covered in greater detail in subsequent sections.
The CFRA applies to all private employers with five or more employees and all public agencies, regardless of the public agency’s size.
The CFRA provides up to 12 weeks of job-protected leave in a 12-month period.
Employees are eligible for CFRA leave if they have worked for the employer for 12 months and 1,250 hours in a 12-month period.
An employee can use the CFRA in the following circumstances:
The CFRA imposes posting and notice obligations on covered employers.
Employers must post the Family Care and Medical Leave and Pregnancy Disability Leave Notice in a conspicuous place where applicants and employees tend to congregate.
When an employer learns that an employee is absent for any reason that may qualify as CFRA, employers should send a notice to the employee informing them of their rights under the CFRA and designating any time off related to the absence as CFRA. Employers covered solely by the CFRA can use the CFRA Notice and Designation (Five to 49 Employees) for notice and designation purposes.
If employers are also covered by the FMLA, there are separate FMLA notice and designation requirements. All CFRA and FMLA notice requirements are discussed in more detail in Notice Requirements for Employer and Employee.
Employers are prohibited from interfering with the exercise of CFRA rights and from retaliating against an employee who takes CFRA leave.
Under the CFRA, employees have a right to be reinstated, meaning employers must return employees to the same or a comparable position when the leave ends.
Even though employees have a right to reinstatement, the employee has no greater rights than if the employee was not out on leave. The right to reinstatement would end if the employment relationship ends for a legitimate business reason unrelated to the employee exercising their rights under CFRA, such as the closure of a department due to loss of revenue.
However, employees on CFRA leave are protected from retaliation for taking leave and the burden of establishing that the separation was for legitimate business reasons is on the employer. Employers should consult legal counsel before terminating an employee on CFRA leave because doing so could bring a CFRA retaliation claim.
Employers with 50 or more employees are also subject to the FMLA, the federal leave law providing leave benefits similar to the CFRA. Because the two laws cover many of the same circumstances, they will often run at the same time. To read more about the FMLA and how it compares to the CFRA, see Family and Medical Leave Act Overview.
In addition to state and federal laws, some local governments also impose family and medical leave requirements.
If a pregnant employee requests pregnancy disability leave, follow the steps outlined in Pregnancy Disability Leave. ” when administering leaves related solely to pregnancy disability.
California employers are also required to provide mandatory paid sick leave under state law. For more information, see Paid Sick Leave.” Several cities have also enacted local ordinances providing paid sick leave.