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This employee would be eligible for California Family Rights Act (CFRA) leave as long as they worked at least 12 months for the company (at some point in the past) both as a seasonal or regular employee.
A two-part test determines if an employee is eligible for CFRA leave: 12 months of employment, and 1,250 hours of work in the 12 months preceding the requested time off from work.
The California Code Regulations, at Title 2, Section 11087(g), states that an “eligible employee” is an employee “who has been employed for a total of at least 12 months (52 weeks) with the employer at any time prior to the commencement of a CFRA leave, and who has actually worked (within the meaning of the California Labor Code and Industrial Welfare Commission Wage Orders) for the employer at least 1,250 hours during the 12-month period immediately prior to the date the CFRA leave is to commence.”
The wording “at any time prior” to the leave is key to understanding the employee’s eligibility in this situation.
If the employee worked a total of 12 months combined as a both a seasonal and regular worker, then they have met the 12 months of employment requirement to be eligible for CFRA leave. The length of employment criterion for eligibility does not require a consecutive period of employment.
In fact, California law allows an employee to count all periods of employment in the seven years preceding the requested time off in order to establish eligibility for the leave of absence.
In most cases, even with a prior period of employment, an employee must have been working for eight or nine months consecutively to reach the 1,250 hours of work in the 12 months prior to the requested leave, but the 12 months of employment counts all periods of employment with the employer, regardless of when that employment occurred.
Read more about CFRA in the HR Library.