Is the employee’s eligibility for FMLA/CFRA based on the current or preceding year?

Q&As

• Do all 12 weeks of medical leave under FMLA/CFRA have to be taken at once?
• Does CFRA child bonding leave begin immediately after the baby is born or after PDL ends?
• Are we required to allow an employee to use their child bonding leave by taking every Friday off for the next 12 weeks?
• Is a chiropractor considered a health care provider for medical leave certification purposes?
• If another company acquired our company last month, can my employee still take FMLA/CFRA for her pregnancy and child bonding?
• Is the company required to notify employees when FMLA and/or CFRA periods have ended?
• Do we have to continue benefits accrual during FMLA leave?
• How do I count the 12 months needed to qualify for CFRA for a seasonal-turned-regular employee who’s met the 1,250-hours of work requirement?
• Can we deny child bonding leave if our employee has not worked for our company for one year?
• Can we deny child bonding leave to a father who is not married?
• Does elective surgery qualify for CFRA/FMLA leave?
• Is an employee eligible for CFRA or FMLA leave to care for a pregnant daughter?
• Must I consider an employee request for a flexible working schedule because of elder care obligations?
• Can my employee use CFRA or FMLA to care for her adult, drug-addicted son, who refuses to go through a rehabilitation program?
• If an employee on FMLA/CFRA does not turn in the required medical certification on time, can the company deny their leave and terminate them?
• Is an employee in the process of adopting a child eligible for Paid Family Leave (PFL)?
• If an employee requests an absence to be designated as FMLA/CFRA retroactively, do I have to do so?
• Which employees are eligible for family and medical leave?
• Do I have to grant my employee time off for cosmetic surgery and hold their job?
• What happens if an employee wants to take time off with the baby just after pregnancy disability leave?
• Are we required to provide members of the same family with leave at the same time to care for an ill parent? What happens if the parent dies?
• Can we encourage an employee to take family leave at another time because their chosen time is inconvenient for us?
• Can employees file for leave under the CFRA or FMLA for depression and anxiety/stress claims?
• Do FMLA/CFRA laws apply to temporary employees?
• Can an employee take 12 weeks of FMLA for foster care placement and then another 12 weeks of FMLA if they adopt the child?
• How do we count a holiday when tracking CFRA/FMLA?
• Can we lay off an employee who is currently on FMLA leave?
• Do I have to provide all new parents with child bonding time off?
• What is meant by “medical certification?”
• Does military caregiver leave apply if a military spouse is injured but not while in the line of duty on active duty?
• Do I have to grant an employee time off to care for a neighbor?
• If both parents of a newborn are employed by the same company, are we required to give both of them child bonding leave?
• Do I have to pay an employee while they're on child bonding leave?
• How do I determine if a remote or out-of-state employee qualifies for FMLA leave under the worksite requirement?
• Are we required to change an employee’s schedule to part-time during her child bonding leave?
• Can I require an employee to provide an FMLA/CFRA recertification if her original certification noted her condition was lifelong?
• Can I require written documentation from a doctor for family and medical leave?
• Can we transfer an employee to a different position if they need to take intermittent FMLA/CFRA leave for medical treatments?
• If my employee used all their sick leave but still calls out sick and returns with a doctor’s note, can I discipline them for missing too much work?
• Are we required to provide an employee, who used FMLA/CFRA time last year to care for their mom, more leave time to care for their grandchild?
• If our employee has used up all their family/medical leave and requests an extension, do we have to grant it, or can we terminate employment?