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New California Family Rights Act ("CFRA") regulations become effective on July 1, 2015.
The regulations provide needed clarification and bring the CFRA
more closely in line with the federal Family and Medical Leave Act
("FMLA"). The changes include:
The length of service requirement for
eligible employees will be changed from employed for "more
than" twelve months to "at least" twelve
months.
The worksite for employees with no
fixed worksite – often remote workers who work from home
– is the site that they are assigned to as their home base,
from which their work is assigned, or to which they report. For
jointly employed employees, the worksite is the primary
employer's office from which the employee is assigned or
reports, unless the employee has physically worked at least one
year at the facility of a second employer, in which case the
employee's worksite is that of the secondary employer. The
location of the employee's worksite is important in determining
whether he/she is eligible for FMLA or CFRA leave, since he/she
must be employed at a worksite with 50 or more employees or within
75 miles of a worksite with at least 50 employees.
If an employee is not eligible for
CFRA at the beginning of leave because he/she has not been employed
for at least twelve months, the employee may meet this requirement
on leave because leave to which he/she is otherwise entitled counts
towards length of service.
"Key employee," for
purposes of assessing which employees may be denied reinstatement
upon return from leave, is clearly defined and there is more detail
around reinstatement of such key and non-key employees.
"Serious health condition"
is expanded to cover treatment for substance abuse. Importantly,
this is contrasted from someone who is abusing, which is not
protected.
"Spouse" is expanded to
cover registered domestic partners and employees in same-sex
marriages.
Employers have five business days to
respond to CFRA leave requests.
Provides for electronic posting of
CFRA notices.
Provision of a new medical
certification form.
Employers should celebrate the detail and clarification provided
for in the regulations, which should help simplify the leave
process and harmonize the CFRA and FMLA, although differences
between the statutes still exist.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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