Five Pro Tips for Managing Family and Medical Leave Requests

CFRA, or the California Family Rights Act, and it’s federal counterpart, FMLA (the Family and Medical Leave Act), provide eligible employees with unpaid, job-protected leave for reasons such as the health of the employee or their family member, bonding with a new child, or a family member’s military service. With the exception of FMLA military caregiver leave, an eligible employee’s leave entitlement is 12 weeks in a “twelve-month period."

CFRA and FMLA are both highly technical laws, that can make administering these common leaves seem like a full-time job.  Below are five big picture tips to keep leave administration running smoothly:

1. Know Whether Your Business is a “Covered Employer” and Which Employees are “Eligible Employees”

Employers doing business in California who have five or more employees  are “covered employers” under CFRA.  Employers of 50 or more employees are “covered employers” under FMLA. Full-time and part-time employees located anywhere in the US count towards these thresholds.

Employees who have worked for your business for 12 months and have worked 1250 hours during the 12 months before leave is to begin are “eligible employees” under CFRA. FMLA has these eligibility requirements plus an additional requirement that the employee’s worksite have least 50 employees within 75 miles. CFRA does not have this additional requirement, which means that workers at very small worksites may be eligible for CFRA leave.

2. Have a Written Family and Medical Leave Policy

If you are a “covered employer” under either CFRA or FMLA, you should have a written CFRA/FMLA policy, as applicable. Having a written policy provides helpful information to employees and guidance to HR staff. Also, if a “covered employer” publishes an employee handbook that describes other kinds of personal or disability leaves, regulations require that the handbook include a policy. This is in addition to poster requirements.

3. Define and Communicate the “Twelve-Month Period”

Employers trying to determine whether an employee has used their CFRA/FMLA leave often ask what the “twelve-month period” means. Employers must select one of the calculation methods below, notify employees, and apply the chosen method consistently and uniformly to all employees:

• the calendar year or any fixed 12-month period
• the 12-month period measured forward from the date any employee's first leave begins, or
• a “rolling” 12-month period measured backward from the date an employee uses any leave.

If an employer does not choose a method and notify employees, the method with the most beneficial outcome for each employee must be used. This can be difficult to administer.

4. Recognize Requests for CFRA/FMLA Leave and Respond Timely

Employers must respond to leave requests by providing the employee with notice of their eligibility and their rights and responsibilities within five business days of the employee's request for leave. Note that the employee need not expressly mention CFRA or FMLA or fill out a formal leave request form. For example, an employee saying they need time off to care for a parent is sufficient to put an employer on notice.

Your response should also include notice of medical or other certification requirements. Group health benefits must continue during leave, so you may need to make arrangements with the employee regarding how they will pay their share of premiums.

5. Don’t Forget to “Designate”

Within five business days after you have enough information to determine whether the leave is for a qualifying reason (i.e., after receiving a medical certification), you must apprise the employee of whether the leave will be counted as CFRA or FMLA or both—or whether the request is denied. Once an employee has returned to work, you will probably not be able to count the time against their leave entitlement.

Need additional guidance on administering family and medical leave? Members can refer to our Leave of Absence Checklist, which links to the required forms on the HR Forms Page. Members also have access to our Leaves of Absence Toolkit, and you can always call us at 800.399.5331.