The California Family Rights Act was updated and re-implemented in January of 2021. For California employers, it’s crucial to understand the different details that extend leave and job security to your employees through this legislation. The CFRA focuses on providing eligibility for protected job leave when an employee is dealing with exigent circumstances, such as a serious health condition, whether it’s their own or a family member’s. Employers need to be aware of the qualifications of CFRA leave as well as know-how to operate properly when it is requested, especially when dealing with employees that work out of state.

What Is CFRA?

The California Family Rights Act, more commonly known by its acronym CFRA, is a recently expanded aspect of California state law that gives employees the right to take leave from work under certain circumstances involving their family members or their own health. The benefits of the CFRA are available to eligible employees and provide them with up to 12 weeks of unpaid leave and a protected spot at their job. The 12 weeks of unpaid leave must occur within 12 months and cannot be extended, even if an employee has multiple qualifying reasons. Both large and small businesses alike are required to offer these benefits to their employees in addition to if they qualify for the federal Family and Medical Leave Act (FMLA) as well.

What Makes an Employee Eligible for CFRA Leave?

Employers need to understand when their employees are eligible to take leave with the help of the CFRA legislation. As of January 2021, an eligible employee is considered anyone that has worked for your business for at least 12 months and has put in a minimum of 1,250 hours of service there.

An eligible employee can take CFRA leave for multiple reasons, including:

  • Their Own Serious Health ConditionIf an employee is dealing with a serious health condition, they are allowed to request CFRA leave. California law defines a serious health condition as an illness, injury, impairment, or condition that requires extensive care and treatment or caused the employee to be incapacitated. For example, whether an employee was hospitalized for an extended period of time or is beginning treatment for cancer, they are eligible to take leave through the CFRA.
  • To Care for Immediate Family with a Serious Health ConditionChildren, spouses, parents, partners, and siblings all classify as immediate family. An employee may request CFRA leave if they have an immediate family member dealing with a serious health condition they have to assist with.
  • Bonding With a New ChildCFRA leave can also be granted to a parent who has recently welcomed a new child into their home. For their leave to be eligible, it must be taken within 12 months of when the child was born or placed into the employee’s care. Child bonding leave can be taken for adoption and fostering purposes, as well as in addition to pregnancy disability leave, when applicable.
  • Military ExigencesThe recent addition to the CFRA legislation also opened up leave for employees with a “qualifying exigency,” or in this case, employees that have situations related to active duty. An employee may qualify for CFRA leave if their spouse was deployed and they have to stay home to take care of children or to properly meet the family’s needs. Other military events may also qualify.

How Does CFRA Work for Out-of-State Employees?

All employees of California-based employers are eligible for CFRA leave if they meet the correct requirements. This means that remote workers and employees that may be based out of state can also take CFRA leave if needed. Employees that live and work in California remotely also qualify, regardless of whether their job’s home base is in a different city or if there is no home base at all. Because remote work has increased greatly over the past few years, the recent expansion of the CFRA legislation ensures that even telecommuters will receive access to leave and job security when circumstances are applicable.

Small Employers Now Included

The recent updates of the CFRA also affected what businesses must provide these benefits and what benefits they must provide. Now, any small business with more than five employees is required to offer family and medical leave when circumstances qualify. This was a distinct change from the original legislation, where the smallest businesses that were involved had 50 employees or more. Now, job security and leave are extended to even more employees across California, helping to make their lives a bit easier in times of need.

Other CFRA Details Employers Should Know

While there are only a few different reasons that an employee may qualify for CFRA leave, there are multiple small details within the legislation that are important for California employers to note, including:

  • Parents that work for the same employer both qualify for 12 weeks of new child bonding time — not just one.
  • CFRA rights and FMLA rights can be combined to give an employee a total of 24 weeks of protected leave from their job.
  • Key employees and other highly paid workers must be guaranteed reinstatement when they return.
  • Extended family such as siblings, grandparents, and domestic partners all qualify as family members that may need assistance from an employee.
  • For pregnant employees, CFRA leave can be taken in addition to Pregnancy Disability Leave.

Navigating CFRA with Help from Fish, Larsen & Callister

There are a multitude of reasons an employee can come to an employer requesting leave. Knowing the different local and federal regulations is a crucial way of staying on top of your business and your employees, as well as understanding employment law. Here at Fishman, Larsen & Callister — Attorneys at Law, we know just how complicated running a business and taking care of employees can be. That’s why we offer a wide range of legal services for employers throughout California, so you can operate properly and thrive. With any questions about our different services or about how we may be able to assist you, contact our team. Don’t hesitate to schedule a consultation with us to learn more.