Do You Have the Leave Forms You Need?

An employee just informed you they need a month off work for surgery. In California, what forms do you need to provide?

As a California HR professional, bells should be ringing in your head about potential leave rights anytime an employee comes to you with a medical issue. As an employer with five or more employees, one of the first things you should consider is whether the California Family Rights Act (CFRA) may apply. If the answer is yes, make sure you have your leave forms ready to go!

What does CFRA require?

CFRA provides up to 12 workweeks of unpaid, job-protected leave, during a 12-month period, for covered reasons. This includes when an employee has a serious health condition, or is caring for a covered family member with a serious health condition, military exigencies for a covered family member, and baby bonding.

During CFRA leave, you must maintain and pay for an employee's coverage under a group health plan (although the employee is required to pay their share of the premiums). You do not need to pay an employee’s salary during this time off, however, they may use accrued time, such as sick leave, vacation, or PTO. Employees may also apply for partial wage replacement with the EDD, such as state disability insurance and paid family leave, as applicable.

In terms of administrative requirements, all covered employers must:

• Implement a written CFRA policy
• Post the Civil Right Department’s CFRA poster, and
• Be ready to administer CFRA leave, including the required forms.

Let’s talk about forms!

Upon request for CFRA leave or learning an employee may qualify for CFRA:

1. Provide the Notice of Eligibility and Rights and Responsibilities

• As soon as practicable, but no later than five business days.
• This form notifies the employee whether they are eligible to take family and medical leave (i.e., 12 months of service, and 1,250 hours of service in the past year, and has not already exhausted leave, etc.), and whether you need certification regarding their reason for taking leave (i.e., to confirm they have a serious health condition, need to care for a covered family member, etc.).

2. Provide the Medical Certification Form as needed

• If you request a medical certification, employers must allow at least 15 calendar days for the employee to provide the certification, if practicable. Additional time may be required in some circumstances. Medical certification should not be requested for baby bonding leaves.

3. Provide the Designation Notice

• Within five business days of receiving sufficient information that the employee qualifies for CFRA leave (e.g., after receiving medical certification).
• This form lets the employee know whether the leave will be counted as family and medical leave or whether the request is denied.

4. Provide additional applicable notices, such as DE 2515 (State Disability Insurance) and DE 2511 (Paid Family Leave).

Looking for all of the forms you need in one place? Employers may purchase our Leaves of Absence Tool Kit on CEA’s Store, including the required California forms for CFRA/FMLA, Pregnancy Disability Leave, and reasonable accommodation leaves.

CEA members have access to over 20 different tool kits, including the Leaves of Absence tool kit by on the HR Forms page.