A Guide To CFRA Leave: 7 Things To Know

According to the California Family Rights Act or CFRA, workers may be given up to 12 weeks of job-protected leave in a range of 12 months. This leave benefit is awarded to eligible workers who face family and medical-related situations. Some of the reasons why people need to use their CFRA leave are to take care of a sick family member or a newborn child.

One of the most important things to remember about CFRA leave is that it is unpaid. This guide shall further explain the things you should know about it.

Who Should Follow CFRA Law?

Private employers in the state of California who have five or more staff are subjected to the CFRA law. Of course, public employers or state governmental agencies are also required to follow the regulations.

Who is Eligible for CFRA Leave?

Not everyone is eligible for CFRA leave. The law states that an employee must have worked for a company for a total of 12 months or one year before CFRA leave can be allowed.

What are Your CFRA Leave Entitlements?

Once you are eligible, the employer will grant you up to 12 workweeks or 60 workdays of unpaid leave. You can use it during a 12-month period for any valid reason. Some of the qualifying reasons include the following:

• Giving birth or taking care of a newborn child; adoption or foster care placement of a child (aka bonding leave)
• Caring for a family member who has a serious health condition (SHC). This could be your spouse, domestic partner, or child, as well as parent, grandparent, grandchild, or sibling
• Taking a rest due to having an illness, injury, or other serious health condition that has rendered you unable to perform your job duties properly

What are Considered Serious Health Conditions?

An illness, injury, or impairment is considered serious when it results in an incapacity that requires treatment or inpatient care. Other health-related situations in which you may use your CFRA leave include:

• Being absent from work for more than three consecutive days due to a health condition
• Receiving ongoing treatment from a health care provider to manage chronic or long-term incurable illness
• Undergoing restorative dental or plastic surgery because of an accident or injury

Do You Have to Take CFRA Leave continuously?

No, you can use your leave intermittently. Similar to FMLA leave, CFRA leave can be taken on a reduced work schedule or in separate increments within 12 months.

What Happens After Completing CFRA Leave?

After taking leave, employees must be restored to their previous position and receive the same pay and benefits. If the reason for your leave is due to a serious health condition, you need to present a release document from your healthcare provider. This is before you can be allowed to come back to work.

Take note that the employer may choose not to reinstate or even terminate you if you fail to provide a release or return to work as scheduled.

What to Do When CFRA is Violated?

Employers who refuse to allow CFRA leave or reinstate an employee’s job after completing a leave commit a violation. You can report this unlawful act to California’s Civil Rights Department (CRD).