If you’re managing a business in California, you’re probably familiar with the challenges of the state’s employee leave laws. One of the most important laws you’ll encounter is the California Family Rights Act (CFRA).
This law lets eligible employees take as much as 12 weeks of job-protected leave in a 12-month period, but understanding the details is vital for employers and employees alike. Mosey is here to break it down so you can manage state compliance without the headache.
What Is the California Family Rights Act (CFRA)?
The California Family Rights Act is designed to protect employees who need to take time off for family or medical reasons. It’s similar to California’s Family and Medical Leave Act (FMLA) but with a few important differences.
Under CFRA, employees can take a leave of absence to bond with a new child, care for a family member with a pressing health condition, or address their own serious health issues.
The key is that CFRA guarantees that employees can return to the same or a similar job once their leave is over, making it easier for them to handle life’s big moments without worrying about job security.
Who Is Covered by CFRA?
Not every business falls under CFRA, but most will. If you have five or more employees, you must provide CFRA leave. This is a major change from the previous threshold of 50 employees, making it applicable to more businesses.
Employees must also meet the eligibility requirements to qualify for CFRA. They need to have worked for you for at least 12 months and clocked 1,250 hours in that time. That’s about 24 hours in a workweek on average, which means both full-time and part-time employees could be eligible if they meet those conditions.
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When Can Employees Take CFRA Leave?
What can employees use CFRA leave for? It covers a few specific situations:
- Bonding Leave: This includes the birth of a child, adoption, or foster care placement.
- Caring for a Family Member: CFRA lets employees take time off to care for a spouse, child, parent, grandparent, sibling, or registered domestic partner with a serious health condition.
- Employee’s Own Serious Health Condition: Employees can take leave if they have a serious health issue of their own that makes it difficult or impossible to work.
- Military Caregiver Leave: If an employee’s family member is a servicemember with a serious injury or illness, they can take time off to help with their care.
It’s important to note that CFRA doesn’t cover everything. For example, it doesn’t include leave for “qualifying exigencies” related to military service, which FMLA covers. For the most part, however, CFRA’s scope is broad in terms of family and medical needs.
How Does CFRA Work With Other California Leave Laws?
In California, there are multiple leave laws that can sometimes overlap. Here’s how CFRA works with two others: Pregnancy Disability Leave (PDL) and Paid Family Leave (PFL).
Pregnancy Disability Leave (PDL)
PDL allows employees to take up to four months of leave if they’re disabled by pregnancy, childbirth, or related medical conditions.
After using PDL, employees can take an additional 12 weeks of leave for baby bonding using CFRA. This way, new parents have enough time to recover, bond, and see their healthcare provider if necessary.
Paid Family Leave (PFL)
Paid Family Leave (PFL) is another California benefit that often gets confused with CFRA. While CFRA provides job protection, PFL offers wage replacement — up to eight weeks of partial pay to employees who are off work to care for a family member or bond with a new child. Think of CFRA as keeping the job safe while PFL helps pay the bills.
How Should Employers Handle CFRA Requests?
Managing CFRA leave can be tricky, but it doesn’t have to be. The first step is to have clear leave policies in place. Employees need to know how to request leave, and you need to have a system in place to manage those requests.
Here’s what to keep in mind:
Respond Quickly
Once an employee submits a request for CFRA leave, you have five business days to let them know if they’re eligible. Time is of the essence here.
Keep Benefits Going
Even while employees are out on CFRA leave, you must keep their health insurance and other benefits intact as if they were still working.
Guarantee Reinstatement
Employees taking CFRA leave are entitled to return to the same or a comparable job. The only exception is if their position was eliminated due to business needs, like layoffs, while they were out.
Another thing to remember is that you can ask for a medical certification if an employee’s leave is related to a serious health condition. This helps you verify that the leave is necessary. But remember that California law doesn’t allow you to ask for specific medical details, just enough to confirm the need for leave.
What Are the Recent Updates to CFRA?
Over the past few years, California has made some important updates to CFRA. In 2021, the state expanded the definition of who employees can take leave to care for.
Now, employees can take leave to care for a designated person — anyone with a serious health condition, not just immediate family members. This adds more flexibility for employees who may need to care for someone outside of the traditional family structure.
Another major update was the removal of the age restriction for caring for a child. Under the old law, employees could only take CFRA leave to care for children under 18. Now, they can take leave to care for adult children, as well.
How To Stay Compliant With CFRA
Staying compliant with CFRA may seem daunting, especially as the law continues to evolve. However, the good news is that having clear policies in place and keeping up with state laws can help you avoid potential legal headaches.
Here’s a quick checklist to ensure compliance:
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Review Your Employee Handbook
Make sure the leave policies in your employee handbook are up-to-date and clearly explain CFRA eligibility and how employees can request leave.
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Communicate With Employees
Let your employees know about their leave rights under CFRA. Post notices at your workplace or include the details in your onboarding materials.
Track Leave Accurately
Make sure you’re tracking leave properly, especially if employees are taking both CFRA and other types, such as paid sick leave or family medical leave.
Having these systems in place will make the process smoother for you and your employees alike.
What Are Some Frequently Asked Questions About CFRA?
What Is CFRA, and To Whom Does It Apply?
The California Family Rights Act (CFRA) is a state law that allows eligible employees to take up to 12 weeks of job-protected leave in a 12-month period for certain family or medical reasons. It applies to employers with five or more employees and employees who’ve worked for the company for at least 12 months and clocked 1,250 hours during that time.
How Does CFRA Differ From FMLA?
While CFRA and the Family and Medical Leave Act (FMLA) are similar, there are a few important distinctions. A big one is that CFRA doesn’t cover pregnancy as a serious health condition. Instead, there’s California’s Pregnancy Disability Leave (PDL).
Another difference is that CFRA allows leave to care for a broader range of family members, including registered domestic partners and even a designated person.
Does CFRA Provide Paid Leave?
No, CFRA leave is unpaid leave. However, employees can use their accrued sick leave or vacation days during CFRA leave if they have them. Additionally, employees may qualify for wage replacement through California’s Paid Family Leave (PFL) program.
What Happens to Your Health Benefits While You’re on CFRA Leave?
While on CFRA leave, employers must continue to provide employees with the same health insurance benefits they had while working. This ensures that employees aren’t left without crucial coverage while away.
Stay Compliant With Mosey
The California Family Rights Act might seem complicated, but with the right approach, you can manage compliance smoothly while supporting your employees. At its core, CFRA is about balancing your business’s needs with the rights of your team to take care of their health and family matters.
Staying informed, maintaining clear policies, and communicating with your workers are crucial steps in making CFRA work for everyone. If balancing compliance across multiple states feels overwhelming, Mosey can help streamline the process.
From automating steps in payroll compliance to ensuring you’re meeting all state-specific requirements, Mosey’s compliance management platform simplifies the process so you can focus on growing your business.
Book a free consultation with Mosey to learn how we can help you maintain state compliance.
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