Table Of Contents

SECTION 1          INTRODUCTION

1.1                Overview Of The State And Federal Family And Medical Leave Laws

1.2                Employer Compliance

1.3                Regulations Of Administrative Agencies

1.4                Scope Of Publication

SECTION 2          COVERAGE OF THE LAWS

2.1                Employer Coverage Rules Under The CFRA And FMLA

2.2                Effective Dates

2.3                Eligible Employees

2.4                New Parent Leave Act

2.5                2021 And 2022 Amendments To The CFRA

SECTION 3          FAMILY AND MEDICAL LEAVE REQUIREMENTS

3.1                Reasons For Leaves

3.2                The 12-Month Computation Period

3.3                The 12-Workweek Standard

3.4                Special Rules For Births And Adoptions

3.5                Leaves For “Military Caregivers” And “Qualifying Exigencies”

3.6                Special Rules For Computing Military Caregiver Leaves

3.7                Intermittent And Reduced Leaves

3.8                Effect Of Unpaid Leaves On Exempt Status Under The FLSA

3.9                Limitations Where Both Spouses Are Employed By The Same Employer

3.10               Reemployment Rules

3.11               Definitions Of Key Terms

3.12               California Spousal Military Leaves

SECTION 4          BENEFIT ISSUES

4.1                Use Of Paid Leave Benefits During Leaves

4.2                Other Employment Benefits

SECTION 5          EMPLOYEE NOTIFICATION RESPONSIBILITIES

5.1                Employee Notice Requirements

5.2                Employee’s Failure To Provide Notice

5.3                Medical Certification Requirements

5.4                Reinstatement From Medical Leaves

5.5                Periodic Status Reports From Employees On Leave

5.6                Certification That An Employee Is Unable To Return To Work

5.7                Certification For Leave Taken Because Of A Qualifying Exigency

5.8                Certification For Military Caregiver Leave

5.9                Employer Notification Rules

SECTION 6          POSTING, NOTIFICATION, AND RECORD-KEEPING RULES

6.1                General Obligations

6.2                Employer Notification Obligations

6.3                Posting Requirements

6.4                Handbook And New-Hire Statements

6.5                The Employee “Eligibility Notice”

6.6               The Employee “Rights And Responsibilities Notice”

6.7               The FMLA Leave “Designation Notice”

6.8               Designation Of Leave

6.9               Consequences Of Noncompliance

6.10              Substitution Of Paid Leave

6.11              Additional Notice Rules

6.12              State Disability Insurance And Unemployment Insurance Notices

6.13              Record-Keeping Rules

SECTION 7          SPECIAL RULES FOR EDUCATIONAL INSTITUTIONS

7.1                Educational Agencies And Schools

7.2                Intermittent Leaves For Teachers

7.3                Leaves Requested Near The End Of An Academic Terms

SECTION 8          UNLAWFUL PRACTICES, ENFORCEMENT, AND REMEDIES

8.1                Prohibition Of Unlawful Employment Practices And Retaliation

8.2                Enforcement And Investigatory Authority

8.3                Civil Actions By Employees Under The FMLA

8.4                Civil Actions Under The CFRA

8.5                Statute Of Limitations

SECTION 9          PREEMPTION

9.1                Effect On Other Laws

9.2                Collective Bargaining Agreements And Benefit Programs

9.3                State Laws, Agreements, Benefit Programs, And Waivers

9.4                Encouragement Of More Generous Leave Policies

9.5                Interrelationship With ADA, Workers’ Compensation, And Other Laws

SECTION 10          CALIFORNIA’S PAID FAMILY LEAVE LAW

10.1               Overview

10.2               Interrelationship With The FMLA And CFRA

10.3               FTDI (“PFL”) Leave Must Run Concurrently

SECTION 11          CONCLUSION

APPENDIX A       CERTIFICATION OF HEALTH CARE PROVIDER FOR EMPLOYEE’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-E)

APPENDIX B       CERTIFICATION OF HEALTH CARE PROVIDER FOR FAMILY MEMBER’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-F)

APPENDIX C       NOTICE TO EMPLOYEES OF RIGHTS UNDER FMLA — EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (U.S. DEPARTMENT OF LABOR PUBLICATION 1420)

APPENDIX D       NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES (U.S. DEPARTMENT OF LABOR FORM WH-381)

APPENDIX E       DESIGNATION NOTICE (U.S. DEPARTMENT OF LABOR FORM WH-382)

APPENDIX F       CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-384)

APPENDIX G       CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICEMEMBER FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-385)

APPENDIX H       FEHC NOTICE FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE

APPENDIX I       FAIR EMPLOYMENT & HOUSING COUNCIL CERTIFICATION OF HEALTH CARE PROVIDER (California Family Rights Act (CFRA))

APPENDIX J       THE CALIFORNIA FAMILY RIGHTS ACT (AS AMENDED BY A.B. 1460) AND THE FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 — A Comparative Analysis —

APPENDIX K       LEAVE OF ABSENCE CHECKLIST

APPENDIX L       CHECKLIST FOR CFRA AND FMLA LEAVE OF ABSENCE POLICIES

APPENDIX M       SAMPLE FAMILY AND MEDICAL LEAVE POLICIES

APPENDIX N       SAMPLE LEAVE OF ABSENCE REQUEST FORM

APPENDIX O       CALIFORNIA FAMILY RIGHTS ACT

APPENDIX P       FEHC REGULATIONS

APPENDIX Q       DFEH SUMMARY OF 2021 CFRA CHANGES (12/10/20)

APPENDIX R       CASE TABLE