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EMPLOYMENT LAW BULLETIN Vol. 03, No. 3 Courtesy of Eskridge Law, Attorneys at Law The California Family Rights Act (CFRA) is often a minefield for employers and missteps can lead to costly litigation. This month's bulletin offers a review of the most basic provisions of the CFRA for employers who must navigate this complex area of California employment law. Application: The CFRA applies only to employers with 50 or more employees within a 75-mile radius of where the employee taking the leave is employed. Moreover, it applies only to those employees who have more than 12 months of service with the employer and who have at least 1,250 hours of service with the employer during the previous 12-month period. Leave Entitlement: An employee who meets the above criteria is entitled to 12 workweeks of unpaid leave in any12-month period for family care and medical leave including: leave for the birth, adoption or foster care placement of a child, or the serious health condition of a child; leave to care for a parent or a spouse who has a serious health condition; and leave because of an employee's own serious health condition that makes the employee unable to perform the function of the job. (Beware that leave taken for disability on account of pregnancy, childbirth or related medical condition is covered by a different law.) Concurrent Leave: Leave taken pursuant to the CFRA runs concurrently with leave taken under the FMLA and other acts, but does not run concurrently with leave for pregnancy, childbirth or related medical conditions. Also, an employee with a disability may be entitled to a longer leave of absence. Serious Medical Condition Defined: An illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment or continuing supervision by a health care provider. Medical Certification: Where leave is taken for the serious health condition of an employee or family member, the employer may require a certification from a health care provider containing the date on which the serious health condition commenced, the probable duration, and a statement regarding the employee or family member's condition. If additional leave is requested, the employer may require re-certification. Verification: If there is reason to doubt the validity of the medical certification, the employer may require, at its own expense, a second opinion from a health care provider designated or approved by the employer, but not employed on a regular basis by the employer. Should the second opinion differ from the first, the employer may require, at its own expense, a third opinion by a health care provider designated or approved jointly by the employer and the employee. The opinion of the third health care provider will be final and shall be binding on both the employer and the employee. Job Guarantee: Upon granting the request for leave, the employer must guarantee employment in the same or a comparable position upon the termination of the leave. However, an employee who fails to return at the end of the 12-week period or who fails to provide medical certification as required may be terminated. Call an Attorney! Employers should consult a knowledgeable attorney to explain the ramifications and requirements of the California Family Rights Act and thus avoid running afoul of any of its provisions. Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@ealaw.net). Please visit our web site at www.ealaw.net or www.employmentattorneys.net.
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