California Family Rights Act (CFRA)

By: Caitlyn Blackstone

Why Was it Established? To ensure secure leave rights for the

following:1. Birth of a child for purposes of bonding2. Placement of a child in the

employee’s family for adoption or foster care

3. For the serious health condition of the employee’s child, parent, or spouse

4. For the employee’s own serious health condition

How Long Does it Last For? Employees can take up to 12

weeks of unpaid, job-protected leave in a 12 month period.

Benefits An employer is not required to pay an

employee during a CFRA leave, except when an eligible employee elects, or the employer requires, the employee to use any accrued vacation time or other paid leave other than sick leave.

If CFRA 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 paid leave, including sick leave.

Benefits Continued… An employer must

continue health care coverage for employees during their CFRA leave.

An employer must continue other benefits during an employee’s CFRA leave

Eligibility Requirements An employee may take an unpaid leave for

the birth of a child for purposes of bonding or for the serious health condition of the employee’s child, parent, spouse, or for the employee’s own serious health condition.

To be eligible for CFRA leave, an employee must be:

1. Either a full-time or part-time employee working in California

2. Have more than 12 months of service with the employer

3. Have worked at least 1,250 hours in the 12 month people before the date the leave begins

4. Work at a location in which the employer has at least 50 employees within 75 miles radius of the employee’s work site.

Notification An employee must give notice if he or she wants to

take a CFRA leave in at least 30 days of advancement.

An employer must inform employees of notice requirements.

Reinstatement An employer must

reinstate the employee at the end of his/her CFRA leave.

An employer may deny reinstatement to an employee if his/her position ceased to exist.