What Is CFRA?

The CFRA recognizes family needs in special situations.

The California Family Rights Act (CFRA) comes on the heels of the 1993 Federal Family and Medical Leave Act (FMLA) and gives employees the right to take extended leaves of absence for important family reasons.

Conditions

With CFRA, a newly-born child can spend more time with the mother.

This family leave is afforded for 12 unpaid workweeks. Reasons for leave are serious personal health issues, including pregnancy or the care of a seriously ill child, spouse, domestic partner or parent. In order to claim CFRA for a domestic partner, a couple must have had previously filed a Declaration of Domestic Partnership with the California Secretary of State.

Employee Eligibility

One must work more than 1250 hours to be eligible for CFRA.

Employees who worked at least 1250 hours and have been with the company for more than 12 months are eligible for CFRA. The employee is obligated to give the employer 30-day notice if the leave is requested for a foreseeable condition such as a pregnancy, being a caretaker for a family member or for personal care when it involves a known chronic condition.

Employer's Obligations

The leave is unpaid; however, the employee's health insurance remains current during the leave. Upon return, the employer is obligated to give the employee the same job or a similar job.

References

• State of California: Work and Family Programs; CFRA