According to the California Family Rights Act (CFRA), eligible California employees can take an unpaid leave for a period of 12 weeks in a 12 month time. Leave need not be taken in one continuous period of time. The following methods are used by the employers to calculate 12 months period:

• A calendar year
• Fixed leave year of 12 months such as a fiscal year or financial year
• 12 month period calculated from the date an employee’s first CFRA leave begins
• Calculate a 12 month period backward from the date an employee takes any leave

An employer can choose any of the above mentioned methods to calculate the CFRA leave and should apply the method uniformly and constantly to all employees.

The following are the reasons and periods of time for which leave can be taken under CFRA:

• At the end of the pregnancy disability leave, a CFRA eligible employee can take a CFRA leave for 12 weeks for the reason of childbirth.
• Minimum leave duration for childbirth and adoption of a child are 2 weeks.
• An employee can request for a leave of less than two weeks duration on any two different occasions.
• The CFRA leave for childbirth, adoption etc must be completed within one year of the qualifying event.
• CFRA leave for serious health conditions may be taken intermittently whenever medically necessary as determined by the healthcare provider of the person with the serious health condition.
• If both the eligible parents are working with the same employer, an employer can limit the leave period for childbirth, and adoption of a child, to 12 weeks between both the parents.

Notice, guarantee, reinstatement requirements:

• Prior notice should be given to the employer at least 30 days in advance or notice must be given as soon as feasible
• It is the employer’s responsibility to designate whether the CFRA leave is paid or unpaid
• An employer must respond to the leave request within ten calendar days after receiving the request
• An employer must guarantee in writing, upon the request of the employee, the reinstatement to the same or comparable position after the CFRA leave period
• An employer can deny reinstatement to an employee if his/ her position doesn’t exist (due to layoffs and so on). Reinstatement can also be denied to an employee if he or she is a key employee and denial of reinstatement is necessary to prevent grievous economic injury to the employer’s operations

The CFRA provides multiple benefits for both eligible employees as well as employers.

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