Leaves of Absence – Part 1

We answer questions daily related to leaves of absence. A leave of absence typically means taking a temporary break from work while maintaining certain benefits or job protections. In this four-part series, we will highlight the various job-protected leaves California employers need to comply with. 

We will begin by introducing the California Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA). Both CFRA and FMLA grant eligible employees unpaid protected time off up to twelve weeks for medical reasons, family care, or other qualifying circumstances.

Must all employers comply with CFRA and FMLA?

If you employ five or more employees, you are covered by CFRA. If you employ fifty or more employees, you are covered by FMLA.

Are all employees eligible for CRFA and FMLA?

Employees are eligible to take job-protected leave under CFRA if they have worked for you for a full year and 1,250 hours in 12 months.

Similarly, employees are eligible to take job-protected leave under FMLA if they have worked for you for a full year and 1,250 hours in 12 months AND they are employed at a worksite with fifty or more employees.

While there are several parallels and intersections between CFRA and FMLA guidelines, there are also some notable differences between the two. As always speak with an HR consultant if you need help with compliance. Be sure to check back next week when we discuss Pregnancy Disability Leave (PDL).