New California Family Rights Act Regulations (CFRA) go into effect on July 1, 2015. The CFRA gives eligible employees of a covered employer family and medical leave rights. The CFRA applies to employers that employ 50 or more employees within a 75-mile radiance. Eligible employees are those who have been employed for at least 12 months and worked at least 1,250 hours during the preceding 12-month period. Highlights of the changes:
Revised Definitions
- Expands definition of “covered employer” to include successors in interest and joint employers
- Expands “eligible employees” by increasing scope of qualifying length of service and distance for workers with no fixed worksite
- Adds same-sex spouses to the term “spouse”
- The term “serious health condition” covers substance abuse treatment and an anticipated overnight stay in hospital qualifies as “inpatient care.”
Reinstatement Rights and Provisions Related to Key Employees
The revised regulations expand on employees’ rights upon return from leave, fitness-for-duty testing, and how to handle a disabled employee returning from leave. The regulations also define and detail the reinstatement rights of “key employees”.
Prohibited Conduct – CFRA Fraud and Interference
The revised regulations add a provision for fraudulently obtained or used CFRA leave which means loss of job restoration rights and health benefits. The regulations also detail the types of employer conduct that constitutes prohibited interference with CFRA rights and retaliation for exercising CFRA rights.
Notice of the Need for CFRA Leave and Leave Calculations
Generally, a verbal request for CFRA leave is sufficient. However, if the request is not clear and the underlying reason for the leave might qualify it as CFRA, an employer must inquire further to determine if the leave is CFRA-qualifying. Also, an employer’s time limit to respond to a CFRA leave request is reduced to five business days. The regulations also establish methods for calculating duration of leave given an employee’s work schedule and factoring in intermittent leave and reduced work schedule leave. The regulations also explain the situations where paid leave may be substituted for unpaid CFRA leave.
Health benefits and Medical Certification
The regulations provide guidance on managing group health plan coverage for an employee on CFRA leave including payment of premiums and terminating coverage. The regulations also provide the format and content of an optional Certification of Health Care Provider form.
Posting Notice of CFRA Provisions
The revised regulations still require employers to post a notice of CFRA rights in the workplace and contain verbiage for the CFRA posting. In the past, posting the DFEH’s “Notice B” (DFEH-100-21) by law satisfied the CFRA posting requirement. There are, however, discrepancies between the new CFRA notice verbiage and “Notice B.” The DFEH has acknowledged the discrepancies and according to the Department, employers that post “Notice B” will not be cited for a CFRA posting violation until such time as the DFEH develops separate notices for CFRA and for Pregnancy Disability Leave (PDL).
Be sure to follow our blog. We’ll post an update as soon as the new CFRA and PDL notices are released.