Model policy- CFRA for 5 to 49 employees

 

Employees may be entitled to a leave of absence under the California Family Rights Act (CFRA). This policy is intended to provide employees with information concerning CFRA entitlements and obligations they may have during such leaves. If employees have any questions concerning CFRA leave, they should contact CFRA CONTACT PERSON – TITLE.

1. Eligibility

The CFRA provides eligible employees with a right to leave, health insurance benefits and, with some limited exceptions, job restoration. To be an “eligible employee” the employee must:

• have been employed by COMPANY NAME for at least 12 months (which need not be consecutive);
• have worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

*Special hours of service eligibility requirements apply to airline flight crew employees.

1. Entitlements for CFRA Leave
2. Basic CFRA Leave Entitlement

The CFRA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The 12-month period is determined by METHOD. Leave may be taken for any one, or for a combination, of the following reasons:

• bonding and/or caring for a newborn child;
• for placement with the employee of a child for adoption or foster care and to care for the newly placed child;
• to care for the employee ’s spouse, registered domestic partner, child, parent (but not in-law), grandparent, grandchild or sibling with a serious health condition;
• for the employee’s own serious health condition (excluding pregnancy-related disability) that makes the employee unable to perform one or more of the essential functions of their job; and/or
• because of any qualifying exigency arising out of the fact that the employee’s spouse, registered domestic partner, son, daughter or parent is a military member on covered active duty status (or has been notified of an impending call or order to covered active duty status) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country.

Leave to care for one’s child after birth or placement for adoption or foster care must be taken within one (1) year of the child’s birth or placement.

Under the CFRA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves either inpatient care in a hospital, hospice or residential health care facility, any subsequent treatment in connection with such inpatient care or any period of incapacity; or continuing treatment by a health care provider, including but not limited to treatment for substance abuse. The CFRA defines “inpatient care” broadly and includes a stay in a hospital, hospice or residential health care facility, any subsequent treatment in connection with inpatient care or any period of incapacity. A person will be considered an “inpatient” when formally admitted to a health care facility with the expectation that they will remain at least overnight and occupy a bed, even if ultimately discharged or transferred to another facility and do not actually remain overnight. The CFRA defines “incapacity” as the inability to work, attend school or perform other regular daily activities due to a serious health condition, its treatment or the recovery that it requires.

Under the CFRA, subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending post-deployment reintegration briefings.

A leave of absence in connection with a workers’ compensation injury/illness or for which the employee receives disability or State of California Paid Family Leave benefits generally will be considered a leave for serious health conditions and will run concurrently with CFRA leave.

1. Intermittent Leave and Reduced Leave Schedules

CFRA leave usually will be taken for a period of consecutive days, weeks or months. However, employees also are entitled to take CFRA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member. Intermittent or reduced work schedule leave may be taken for absences where the employee or family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if they do not receive treatment by a health care provider. Intermittent or reduced work schedule leave also may be taken for any qualifying exigency.

Employees also are eligible for intermittent leave for bonding with a child following birth or placement. Intermittent leave for bonding purposes generally must be taken in two- (2) week increments, but the Company permits two (2) occasions where the leave may be for less than two (2) weeks.

1. Health Insurance Benefits

During CFRA leave, eligible employees are entitled to receive group health plan coverage on the same terms and conditions as if they had continued work.

1. No Work While on Leave

The taking of another job while on FMLA/CFRA leave or any other authorized leave of absence is prohibited except as authorized by the Company and/or if permitted by applicable law.

1. Restoration of Employment and Benefits

At the end of CFRA leave, employees generally have a right to return to the same or comparable position they held before the CFRA leave. Use of CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s CFRA leave.

1. Notice of Eligibility for, and Designation of, CFRA Leave

Employees requesting CFRA leave are entitled to receive written notice from the Company telling them whether they are eligible for CFRA leave and, if not eligible, the reasons why they are not eligible. When eligible for CFRA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) the Company’s designation of leave as CFRA-qualifying or non-qualifying, if not CFRA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee’s leave entitlement.

The Company will respond to a leave request within five (5) business days. Once given, approval shall be deemed retroactive to the date of the first day of the leave. The Company may designate CFRA leave retroactively with appropriate notice provided that doing so does not cause harm or injury to the employee. In other cases, the Company and the employee can mutually agree that leave is retroactively designated as CFRA leave.

III. Employee Obligations for CFRA Leaves

1. Provide Notice of the Need for Leave

Employees who take CFRA leave must timely notify CONTACT PERSON – TITLE of their need for CFRA leave. The following describes the content and timing of such notices.

1. Content of Notice

To trigger CFRA leave protections, employees must inform CONTACT PERSON (2) – TITLE of the need for CFRA-qualifying leave and the anticipated timing and duration of the leave, if known. This may be accomplished by either requesting CFRA leave specifically or explaining the reasons for leave so as to allow the Company to determine that the leave is CFRA-qualifying. For example, employees might explain that:

• a medical condition renders them unable to perform the functions of their job;
• they are pregnant;
• they or a covered family member have been hospitalized overnight;
• they or a covered family member are under the continuing care of a health care provider;
• the leave is due to a qualifying exigency caused by a military member being on covered active duty or called to covered active duty status; or
• if the leave is for a family member, that the condition renders the family member unable to perform daily activities.

Calling in sick, without providing the reasons for the needed leave, will not be considered sufficient notice for CFRA leave under this policy. Employees must respond to the Company’s lawful questions to determine if absences are potentially CFRA-qualifying.

If employees fail to explain the reasons for CFRA leave, the leave may be denied. When employees seek leave due to CFRA-qualifying reasons for which the Company has previously provided CFRA protected leave, they must specifically reference the qualifying reason for the leave or the need for CFRA leave.

1. Cooperating in the Scheduling of Leave

When planning medical treatment for themselves or their family members or requesting to take leave on an intermittent or reduced schedule work basis, employees must consult with the Company and make a reasonable effort to schedule treatment to minimize disruption of Company operations. Employees must consult with the Company prior to the scheduling of treatment in order to work out a treatment schedule that best suits the needs of both the Company and the employees, subject to the approval of the applicable health care provider. To the extent permitted by applicable law, when employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including a period of recovery from a serious health condition, the Company may temporarily transfer employees to alternative positions with equivalent pay and benefits for which they are qualified and which better accommodate recurring periods of leave.

1. Submit Initial Medical Certifications Supporting Need for Leave (Unrelated to Requests for Military Family Leave)

Depending on the nature of CFRA leave sought, employees may be required to submit medical certifications supporting their need for CFRA-qualifying leave. As described below, there generally are three types of CFRA medical certifications: an initial certification, a recertification, and a return to work/fitness for duty certification.

It is the employee’s responsibility to provide the Company with timely, complete and sufficient medical certifications. Whenever the Company requests employees to provide CFRA medical certifications, employees must provide the requested certifications within 15 calendar days after the request, unless it is not practicable to do so despite diligent, good faith efforts. The Company will inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least seven (7) calendar days to address deficiencies.  The Company will delay or deny CFRA leave to those who fail to address deficiencies or otherwise fail to submit requested medical certifications in a timely manner.

The Company (through individuals other than the employee ’s direct supervisor) may contact the employee ’s health care provider to authenticate a medical certification.

Whenever the Company deems it appropriate to do so, it may waive its right to receive timely, complete, and/or sufficient CFRA medical certifications.

1. Initial Medical Certifications

Employees requesting leave because of their own, or a covered family member’s, serious health condition must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family member. If employees provide at least 30 days’ notice of medical leave, they should submit the medical certification before leave begins.

If the Company has reason to doubt the validity of an initial medical certification regarding the employee’s own serious health condition, it may require the employee to obtain a second opinion at the Company’s expense. If the opinions of the initial and second health care providers differ, the Company may, at its expense, require employees to obtain a third, final, and binding certification from a health care provider designated or approved jointly by the Company and the employee the Company will reimburse employees for any reasonable out-of-pocket travel expenses incurred to obtain second or third medical opinions.

2. Medical Recertifications

Depending on the circumstances and duration of CFRA leave, the Company may require employees to provide recertification of medical conditions giving rise to the need for leave. The Company will notify employees if recertification is required and will give them at least 15 calendar days to provide medical recertification. Recertification will be requested only when the original certification has expired and additional leave is requested.

3. Return to Work Release

Unless notified that providing such certifications is not necessary, employees returning to work from CFRA leaves that were taken because of their own serious health conditions must provide a release to return to work from their healthcare provider stating they are able to resume work. Employees taking intermittent leave may be required to provide a return-to-work release for such absences up to once every 30 days if reasonable safety concerns exist regarding their ability to perform their duties. The Company may delay and/or deny job restoration until employees provide return-to-work releases.

1. Submit Certifications Supporting Need for Military Family Leave

Upon request, the first time employees seek leave due to qualifying exigencies arising out of the covered active duty or call to covered active duty status of a military member, the Company may require them to provide: 1) a copy of the military member’s active duty orders or other documentation issued by the military indicating the military member is on covered active duty or call to active duty status and the dates of the military member’s covered active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different covered active duty or call to covered active duty status of the same or a different military member.

1. Reporting Changes to Anticipated Return Date

If the employee’s anticipated return to work date changes and it becomes necessary for them to take more or less leave than originally anticipated, they must provide the Company with reasonable notice (i.e., within two (2) business days) of the changed circumstances and new return to work date. If employees give the Company unequivocal notice of their intent not to return to work, they will be considered to have voluntarily resigned and the Company’s obligation to maintain health benefits (subject to COBRA requirements) and to restore their positions will cease.

1. Substitute Paid Leave for Unpaid CFRA Leave

Employees are required to substitute accrued paid time while taking an unpaid CFRA leave as follows:

• if employees request CFRA leave because of their own serious health condition (excluding absences for which they are receiving workers’ compensation or short-term disability benefits), they must first substitute any accrued paid vacation, sick or other paid time off for unpaid family/medical leave.
• If employees request CFRA leave to care for a covered family member with a serious health condition, they must first substitute any accrued paid vacation or other paid time off for unpaid family/medical leave. Once vacation or paid time off is exhausted, upon their written request, they can substitute paid sick leave for unpaid CFRA leave to care for a covered family member with a serious health condition.
• if employees request CFRA leave to bond with a newborn or newly placed child, they must first substitute any accrued paid vacation or other time off for unpaid family/medical leave.

For purposes of this substitution requirement, leave is not unpaid during any time for which employees receive compensation from the State of California under its State Disability Insurance or Paid Family Leave programs or when receiving compensation from worker’s compensation. Employees will not be required to use accrued paid leave hours during any time off under this policy for which they are receiving compensation under these programs. However, where applicable and permitted by law, employees will be required to use paid leave accruals during any waiting periods applicable to these programs and upon written request, the Company will allow employees to use accrued paid time off to supplement any paid workers’ compensation, disability or Paid Family Leave benefits.

The substitution of paid time off for unpaid family/medical leave time does not extend the length of any CFRA leave and the paid time off runs concurrently with any CFRA entitlement.

1. Pay Employee’s Share of Health Insurance Premiums

As noted above, during CFRA leave, employees are entitled to continued group health plan coverage under the same conditions as if they had continued to work. If paid leave is substituted for unpaid family/medical leave, the Company will deduct employees’ shares of the health plan premium as a regular payroll deduction. If CFRA leave is unpaid, employees must pay their portion of the premium through METHOD.  The Company’s obligation to maintain health care coverage ceases if the employee’s premium payment is more than 30 days late. If the premium payment is more than 15 days late, the Company will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date.

If employees do not return to work for at least 30 calendar days after the end of the leave period (unless they cannot return to work because of a serious health condition or other circumstances beyond their control) they will be required to reimburse the Company for the cost of the premiums the Company paid for maintaining coverage during their unpaid CFRA leave.

1. Coordination of CFRA Leave with Other Leave Policies

The CFRA does not affect any federal, state or local law prohibiting discrimination, or supersede any federal, State or local law which provides greater family or medical leave rights. For additional information concerning leave entitlements and obligations that might arise when CFRA leave is either not available or exhausted, please consult the Company’s other leave policies in this Handbook or contact CONTACT PERSON – TITLE.

1. Questions and/or Complaints About CFRA Leave

If employees have questions regarding this policy, they should contact CONTACT PERSON – TITLE.  The Company is committed to complying with the CFRA and will interpret and apply this policy in a manner consistent with the CFRA.