Human Resources Manual - CalHR

Human Resources Manual - CalHR
2107 - Family Medical Leave Act / California Family Rights Act
Category
Leave
Audience List
Employee Relations Officers
Personnel Officers
Personnel Transactions Supervisors
Synopsis
This policy
Provides information on the Family Medical Leave Act and California Family Rights Act leave entitlements.
Provides eligibility criteria.
Describes the employer’s responsibility to notice employees of their rights under the Family Medical Leave Act and California Family Rights Act.
Describes the employee’s requirement to provide advance notice to their employer of the need to take Family Medical Leave Act and California Family Rights Act and required medical certification.
Provides information regarding Military Family Leave (MFL), which includes Military Caregiver Leave (MCL) and Qualifying Exigency Leave (QEL).
Provides information on job restoration and unlawful acts by the employer.
Introduction
Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) entitles eligible employees up to 12 workweeks of unpaid, job-protected leave each calendar year for specified family and medical leave reasons. In addition, FMLA includes a special leave entitlement that permits eligible employees to take up to 26 workweeks of leave to care for a covered servicemember during a 12-month period.
Statement
The United States Department of Labor (DOL) Employment Standards Administration, Wage and Hour Division, administers and enforces the FMLA for all private, state and local government employees, and some federal employees.
The California Department of Fair Employment and Housing (DFEH) administers and enforces the CFRA for all state and local employees. State legislation in 1993 changed the state law to generally conform to the provisions of the FMLA. Where the FMLA law and the CFRA law differ, the most generous/less restrictive leave provisions must be applied.
Example: The Code of Federal Regulations, title 29, section 825.306 allows an employer to ask for a diagnosis; however, California Code of Regulations, title 2, section 11091 specifies that an employer cannot ask for a diagnosis, but it may be provided at the employee’s option. Since CFRA is less restrictive, the department cannot ask an employee for a diagnosis under the amended FMLA regulation.
The FMLA/CFRA does not supersede any memorandum of understanding (MOU) that provides greater family or medical leave rights.
Leave Entitlement
The FMLA/CFRA entitles eligible employees to take up to 12 workweeks (26 workweeks to care for a servicemember) of unpaid, job-protected leave in a 12-month period and the continuation of health benefits for one or more of the following reasons:
The birth and care of a newborn child of the employee.
Placement of a child in the employee’s family for adoption or foster care.
To care for a spouse, domestic partner, child, parent, parent-in-law (parent of a spouse or domestic partner), grandparent, grandchild, sibling, or designated person with a serious health condition.
To take medical leave when the employee is unable to work because of a serious health condition.
For qualifying exigency leave to assist families of members of the Armed Forces of the United States (including the National Guard and Reserves) to manage their affairs while the military member is on active duty in support of a contingency operation.
For military caregiver leave to care for a covered military servicemember who is undergoing medical treatment, recuperation, or therapy, who is otherwise outpatient status, or is otherwise on a temporary disability list for a serious injury or illness.
The calendar year method, January through December, is used by the State of California, except for Military Caregiver Leave where the 12-month period is measured by counting forward from the first day the employee takes the leave and ends 12 months later.
Twelve workweeks means the equivalent of twelve of the employee's normally scheduled workweeks. The CFRA regulations state that for eligible employees who work more or less than five days a week, or who work on alternative work schedules, the number of working days that constitutes 12 workweeks is calculated on a pro rata or proportional basis. If an employee's schedule varies from week to week to such an extent that an employer is unable to determine with any certainty how many hours the employee would have worked, a weekly average of the hours scheduled over the 12 months prior to the beginning of the leave period is used for calculating the employee's leave entitlement. (California Code of Regulations, title 2, sections 11087, subd. (t), 11090, subd. (c).)
When a holiday falls on a normal scheduled work week and the employee is taking a full week of leave, the holiday counts against the employee’s 12-week FMLA/CFRA leave entitlement. If the employee is taking FMLA/CFRA leave in increments of less than a week, the holiday counts against the employee’s FMLA/CFRA entitlement only if the employee was required to work on the holiday.
The FMLA and CFRA generally run concurrently. When both leaves run concurrent departments must track the leave against both entitlements. However, there are circumstances when the leave will not run concurrently, which include the following:
Pregnancy Disability Leave (PDL);
Qualifying Exigency Leave (QEL) related to the covered active duty or call to active duty of an employee’s domestic partner;
Military Caregiver Leave (QEL) if the family member is not otherwise covered under CFRA; and
Leave for a grandparent, grandchild, adult child who is otherwise not capable of self-care because of a mental or physical disability, sibling, domestic partner, parent-in-law (parent of a spouse or domestic partner), or designated person with a serious health condition.
An employee who takes leave under CFRA for one of the above circumstances may still have 12 weeks of job-protected leave available to take in the calendar year for another qualifying reason (i.e., spouse, child, or parent) under FMLA, if they meet the eligibility requirements.
At the end of an employee's period(s) of PDL, a CFRA eligible employee may request a CFRA leave of up to 12 workweeks for reason of birth of a child.
There is no requirement that either the employee or child have a serious health condition nor is there a requirement that the employee no longer be disabled by pregnancy, childbirth, or related medical condition before taking CFRA leave for reason of birth of a child. For additional information on PDL, refer to Policy 2120.
Effective January 1, 2021, spouses employed by the same employer are each entitled to 12 workweeks of family leave for the birth, adoption, or foster care placement of their child.
Under some circumstances, employees may take FMLA/CFRA leave intermittently, which means taking leave in separate periods of time, or by reducing their normal weekly or daily work schedule. If FMLA/CFRA leave is used for bonding with a child, the basic minimum leave duration is two weeks. However, the employer must grant a request for leave of less than two weeks on any two occasions.
Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA/CFRA leave. Employees may break the continuity of dock when using leave credits to cover an FMLA/CFRA absence.
The employer is responsible for designating if an employee's use of paid leave counts as FMLA/CFRA leave based on information from the employee.
A covered employer is required to maintain group health insurance coverage for an employee on FMLA/CFRA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.
In some instances, the employer may recover premiums paid to maintain health coverage for an employee who fails to return to work from FMLA leave.
The CFRA regulations provide that an employee’s right to maintenance of health benefits under the CFRA is a separate and distinct right from an employee’s right to maintenance of health benefits under the PDL (California Code of Regulations, title 2, section 11093.)
Definitions
Definitions for the following may be found for FMLA in the Code of Federal Regulations, title 29, section 825.102 and for CFRA in Government Code section 12945.2 and the California Code of Regulations, title 2, section 11087:
Spouse
Domestic Partner
Child
Parent
Parent-in-law (parent of a spouse or domestic partner)
Grandparent
Grandchild
Sibling
Designated Person*
Servicemember
Serious health condition
Health care provider
*A designated person means any individual related by blood or whose association with the employee is the equivalent of a family member. The designated person may be identified by the employee at the time the employee requests the leave. The employee is limited to one designated person per calendar year for family care and medical leave.
Eligibility Criteria
To be eligible for FMLA/CFRA benefits, an employee must:
work for a covered employer; and
have worked for the employer for a total of 12 months; and
have worked at least 1250 hours over the previous 12 months; and
for FMLA only, work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
An employee is eligible for FMLA/CFRA leave when the employee has worked for an employer for a total of 12 months following the date of hire, even with a break in service after the date of hire. In addition, the employee must have physically worked at least a minimum of 1,250 hours in the past year.
The statutory requirement is that employee eligibility determinations be made “as of the date leave commences.” If an employee reaches the 12-month eligibility requirement while on leave, the leave period prior to meeting the requirement is non-FMLA/CFRA leave, and the leave period after the requirement is fulfilled is FMLA/CFRA leave. Except for administrative time off (ATO) while under investigation (i.e., pending a department-initiated investigation or fitness for duty), periods of leave, including paid leave due to job-related accidents or injuries, do not count towards the 1,250 hours requirement. Paid time off documented as ATO for reasons such as COVID-19 illness, telework unavailable, emergency ATO due to fires, etc. do not count towards the 1,250-hour requirement. However, the paid time off does count towards the 12 months of employment requirement.
Example: An employee requests FMLA/CFRA leave but has only worked for the employer 11 months and does not meet the 12-month requirement for FMLA/CFRA. The FMLA/CFRA leave is denied. The employee is allowed to take a non-FMLA/CFRA leave. During the time taken for the non-FMLA/CFRA leave the employee meets the
12-month requirements for FMLA/CFRA eligibility and is now eligible for FMLA/CFRA leave. From that point forward the leave is FMLA/CFRA leave and is counted against the employee’s FMLA/CFRA entitlement.
Employer Notice Requirements
Effective January 16, 2009, amended DOL regulations created three new employer and/ or employee notice responsibilities: (1) A mandatory General Notice published by the DOL for departments to use; (2) Notice of Eligibility and Rights and Responsibilities (FMLA/CFRA) (CalHR 752); and (3) Designation Notice (FMLA/CFRA) (CalHR 753). CalHR has standardized CalHR 752 and 753 as fill in and print forms.
General Notice (FMLA)
DOL has published a new general notice poster. Departments must post the new notice entitled “Employee Rights under the FMLA” (WH Publication 1420) at the worksite so it is visible to all employees and applicants. Each new employee must be given the information provided in the General Notice. An employer that willfully violates this posting requirement may be subject to a fine of up to $110 for each separate offense.
The General Notice must be accessible to employees by including it in an employee handbook or including all of the information contained in the General Notice in the department’s own specific FMLA policy. Employers that post their handbook electronically meet the General Notice requirement only if it is accessible to all employees.
“Notice of Eligibility and Rights and Responsibilities (FMLA/CFRA)” (CalHR 752)
A new form titled “Notice of Eligibility and Rights and Responsibilities” (CalHR 752) is required to be given to the employee within five business days after the employer receives a request for FMLA/CFRA leave or becomes aware that the leave may qualify for FMLA/CFRA (previously the employer only had two days to notice employees). Departments may customize the CalHR 752 as long as it includes, at a minimum, the same information specified in the form.
The “Notice of Eligibility and Rights and Responsibilities” (CalHR 752) informs the employee whether or not they are eligible for FLMA/CFRA leave (i.e. worked at least 12 months with the employer and worked at least 1,250 hours in the previous 12 months). When a represented employee is denied eligibility based solely on a lack of 1,250 hours of service, there may be a union noticing requirement. Reference the applicable Memorandum of Understanding. Eligibility does not mean the leave has been approved for FMLA/CFRA at this point. The form also provides important information regarding the employee’s FMLA/CFRA rights and responsibilities, information on medical certification requirements, and the consequences for not meeting those requirements, as well as information regarding the return-to-work release. In addition, departments must provide specific written information on what is required of the employee and what might happen in certain circumstances, such as if the employee fails to return to work after FMLA/CFRA leave.
As a reminder, departments may require at least 30 days’ advance notice when the need for FMLA/CFRA is foreseeable. Foreseeable leave includes planned birth, adoption, foster care placement, or medical treatment. In the case of a serious health condition, if it is not possible to give such advance notice, the employee must submit the request as soon as possible.
“Designation Notice (FMLA/CFRA)” (CalHR 753)
After the medical certification form (see below) is received, the new “Designation Notice” (CalHR 753) informs the employee whether the FMLA/CFRA leave is approved. The department has five business days to inform the employee if the leave will be designated as FMLA/CFRA leave. If the leave is not designated as FMLA/CFRA, the department must state in writing the reason why the leave is denied and provide consequences for failing to provide a complete certification. A return-to-work release may be required to return from leave if that is the department’s policy for returning employees to work after illness, injury, or disability.
The amended regulations clarified that only one Designation Notice is required for each FMLA/CFRA qualifying reason, per leave year, regardless of whether the leave is taken as a continuous block of leave or on an intermittent or reduced leave schedule basis. A retroactive notice is permissible if it does not cause employee harm or injury. Departments may not retroactively designate leave after the employee has returned to work.
Effective July 1, 2015, amended FEHC regulations require every employer must post a notice explaining the CFRA provisions and procedures for filing complaints in conspicuous places where employees are employed. In addition, employers must post the notice where it can be readily seen by employees
and applicants
for employment. Electronic posting is sufficient to meet this posting requirement as long as it otherwise meets the requirements of the new CFRA regulations. (California Code of Regulations, title 2, section 11095, subd. (a).) Employers may post the CFRA notice on an Intranet site, but employers will also need to post the notice in an area accessible to applicants.
Medical Certification
If the employee is eligible for FMLA/CFRA leave, provide the employee with the California Department of Fair Employment and Housing (DFEH) “Certification of Health Care Provider for CFRA/FMLA” (DFEH-E11P-ENG). This form is used for both the employee and family member’s serious health condition. It is the employee’s responsibility to provide the department with the appropriate medical certification within 15 calendar days. The “Certification of Health Care Provider for CFRA/FMLA” (DFEH-E11P-ENG) is maintained as a confidential document.
Departments may customize their own form so long as it includes the information specified in the CFRA regulations. (California Code of Regulations, title 2, section 11097.)
Employee Notice and Certification
Employees seeking to use FMLA/CFRA leave are required to provide 30-day advance notice of the need to take FMLA/CFRA leave when the need is foreseeable and such notice is practicable. When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation.
Employers may also require employees to provide:
Medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member.
Second or third medical opinions (at the employer's expense) for the employee only.
Periodic re-certification, but only if additional leave is requested and the time period the health care provider originally estimated for leave has expired.
If the employer has a good faith, objective reason to doubt the validity of a medical certification for their own medical condition, the employer may require a second medical opinion. The request will be at the employer’s own expense. (California Code of Regulations, title 2, section 11091, subd. (b)(2)(A).)
The CFRA regulations provide the employer may only contact the health care provider for the limited purpose of authenticating the certification. (California Code of Regulations, title 2, section 11091, subd. (b)(2).) Accordingly, if an employer receives a deficient or incomplete certification, the employer must write to the employee and explain the deficiencies in the certification and provide the employee an opportunity to provide the necessary information. Moreover, the employer should advise the employee of the consequences of failing to timely provide a complete certification.
Military Family Leave
The FMLA provides two types of Military Family Leave entitlements. The first is Military Caregiver Leave (MCL) and the second is Qualifying Exigency leave (QEL). The law contains requirements on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after the leave; notice and certification of the need for FMLA leave; and, protection for employees who request or take FMLA leave. The law also requires employers to keep certain records.
Effective January 1, 2021, SB 1383 expanded the CFRA to include leave because of a qualifying exigency related to the covered active duty or call to active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, as specified in Section 3302.2 of the Unemployment Insurance Code.
For both MCL and QEL employees must meet the same FMLA/CFRA eligibility requirements in terms of their tenure of service and the amount of time worked in the previous 12 months. Departments are required to notice the employee using the following forms:
Notice of Eligibility and Rights & Responsibilities (FMLA) (DOL Form WH-381) or (CalHR 752)
Designation Notice (FMLA) (DOL Form WH-382) or (CalHR 753)
These forms notify employees of their eligibility and determination for MCL and QEL leave. The Notice of Eligibility and Rights & Responsibilities form must be given to the employee within five business days after the employer receives a request for leave or becomes aware of the need for leave. The Designation Notice form must be given to the employee within five business days after sufficient information has been provided to the department.
Military Caregiver Leave (MCL)
Eligible employees are entitled to take up to 26 weeks of unpaid, job-protected leave in a 12-month period to care for a covered servicemember with a serious illness or injury incurred in the line of active duty. This leave may be taken intermittently when medically (psychological and physical care) necessary. Covered servicemembers include current members of the regular Armed Forces, National Guard or Reserves, veterans undergoing medical treatment, or recuperation, and members who are on a temporary disability retired list. The veteran must have been a member of the Armed Forces (including the National Guard or Reserves) at any time within five years preceding treatment.
Employees who are eligible for MCL include: the servicemember's parent, spouse, or child and next of kin. For purposes of this leave, the definition of son or daughter includes the servicemember's "biological, adopted or foster child, stepchild, legal ward or child for whom the service member stood in loco parentis, and who is of any age." The definition of parent includes the servicemember's "biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the service member." However, parents-in-law are not included. Next of kin is defined as the servicemember's nearest blood relative (other than a spouse, parent, or child) in the following priority order - custodial blood relatives, siblings, grandparents, aunts and uncles, and first cousins. Family members sharing the same relationship (e.g., all siblings) will all be considered next of kin and each will be entitled to leave for care giving. Spouses who are FMLA eligible and work for the same employer may be limited to a combined total of 26 weeks' caregiver leave. Confirmation of the employee’s relationship to the covered servicemember must be provided to the department.
Example: If a covered servicemember has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the covered servicemember’s next of kin. Alternatively, where a covered servicemember has a sibling and designates a cousin as their next of kin for FMLA purposes, then only the designated cousin is eligible as the covered servicemember’s next of kin.
MCL is not in addition to the 12 weeks of FMLA leave normally available to eligible employees, but is aggregated with all other types of FMLA qualifying leave during the applicable 12-month period. The 12-month period begins on the day the employee begins caregiver leave and ends 12 months thereafter.
Because MCL is available on a per servicemember per injury basis, an eligible employee may be entitled to take more than one such leave during the course of their employment to care for different servicemembers or for the same servicemember with a subsequent injury or illness. In such circumstances, leave is still limited to no more than 26 weeks during the applicable period.
When leave is taken to care for a covered servicemember with a serious injury or illness, an employee must obtain a medical certification. The “Certification for Serious Injury or Illness of a Current Service Member for Military Caregiver Leave under the FMLA” (DOL Form WH-385) may be used or departments may customize their own form so long as it includes, at a minimum, all the information specified in DOL Form WH-385. The medical certification form is completed by an authorized health care provider of the covered servicemember, such as the Department of Defense (DOD), Veteran Affairs (VA), DOD Tricare, DOD non-network Tricare, and DOD authorized representative.
Employees must provide 30 days’ advance notice of the need to take leave for planned medical treatment for a serious injury or illness of a covered servicemember. If leave is foreseeable, but 30 days’ advance notice is not practicable, the employee must provide notice as soon as practicable - generally, either the same or next business day.
Qualifying Exigency Leave (QEL)
Eligible family members will be entitled to take up to 12 weeks of FMLA/CFRA leave for "qualifying exigencies" arising out of a covered military member's active duty status, or call to active duty, in support of a contingency operation or deployment to a foreign country. This leave may be taken intermittently. QEL is not available to family members of military members who are retired members of the regular Armed Forces, a state Reserve or National Guard unit, or are called to active duty by a state rather than the federal government. It is available only to the family members of regular Armed Forces, National Guard or Reservists called to federal active duty.
QEL includes the following events:
Issues arising from short-notice deployment (i.e., deployment to active duty seven or less days prior to the date of deployment)
Military events, ceremonies, or programs related to active duty or related activities
Childcare and school activities
Financial or legal appointments
Counseling
Rest and recuperation
Post-deployment activities (e.g., arrival ceremonies and reintegration briefings)
Parental care (e.g., to arrange for alternative care for a parent is incapable of self-care)
Additional activities agreed upon by the employer and employee
When an employee requests QEL they must complete the “Certification for Military Family Leave for Qualifying Exigency under the FMLA” (DOL Form WH-384). Departments may customize their own form so long as it includes, at a minimum, all of the information required by the regulation as specified in DOL Form WH-384.
As part of the certification process, the employee is required to provide copies of the military member's orders or other military documentation, facts regarding the exigency, and dates of the military member's active duty service and beginning of the exigency.
If foreseeable, the employee must provide advance notice of the need for QEL. The employee’s notice timeframe must be “reasonable and practicable.” The DOL interprets “as soon as practicable” to mean same day or next business day.
Example: An employee receives notice of a family support program a week in advance of the event; it should be practicable for the employee to provide notice to their department of the need for QEL the same day or the next business day.
When the need for leave is unforeseeable, an employee must comply with a department’s normal call-in procedures.
Employees are not obligated to provide notice to their departments when they first become aware of a covered family member’s active duty or call to active duty status. An employee’s obligation to provide notice of leave due to a qualifying exigency is triggered when the employee first seeks to take QEL.
Job Restoration
The regulations provide that as a condition of an employee’s return from medical leave, the employer may require the employee obtain a release to return to work from their health care provider stating they are able to resume work only if the employer has a uniformly applied practice or policy of requiring such release from other employees returning to work after illness, injury, or disability.
In accordance with the Code of Federal Regulations, title 29, section 825.214 and California Code of Regulations, title 2, section 11089, upon return from FMLA/CFRA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and condition of employment.
In addition, an employee's use of FMLA/CFRA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA/CFRA leave, nor be counted against the employee under a "no fault" attendance policy.
If an employee accepts light duty work while recovering from a serious health condition, the period on light duty assignment will not be counted as FMLA/CFRA. Employees may not be required to work light duty jobs in lieu of taking leave, and those who do so voluntarily are not on FMLA/CFRA leave. At the end of the assignment, the employee has the right to be reinstated to the same or an equivalent position.
Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must:
Notify the employee of their status as a key employee in response to the employee's notice of intent to take FMLA leave.
Notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision.
Offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice.
Make a final determination as to whether reinstatement will be denied at end of the leave period if the employee then requests restoration.
A "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees within 75 miles of the work site.
If a “key” employee’s leave is covered by both FMLA and CFRA or CFRA only, an employer may not refuse the employee’s right to reinstatement.
Under CFRA regulations, “an employee who fraudulently obtains or uses CFRA leave from an employer is not protected by CFRA’s job restoration or maintenance of health benefits provisions. An employer has the burden of proving that the employee fraudulently obtained or used CFRA leave.” (California Code of Regulations, title 2, section 11089, subd. (d)(3).)
Additional FMLA/CFRA Provisions
The following are other provisions to the FMLA and/or the CFRA regulations:
Special rules apply to employees of local education agencies. Generally, these rules provide for FMLA leave to be taken in blocks of time when intermittent leave is needed or the leave is required near the end of a school term.
Salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under Regulations, 29 CFR Section 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave. This special exception to the "salary basis" requirements for FLSA's exemption extends only to "eligible" employees use of leave required by FMLA.
DFEH has provided a model Certification of Health Care Provider form
Included within the new CFRA regulations is a template Certification of Health Care Provider (CFRA) form which captures all the information that must be included in the certification. (California Code of Regulations, title 2, section 11097.) Departments are encouraged to follow the template provided by DFEH.
Unlawful Acts
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA/CFRA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related FMLA/CFRA.
Enforcement
The FMLA does not affect any other federal or state law, which prohibits discrimination, nor supersede any state or local law, which provides greater family or medical leave protection. Nor does it affect an employer's obligation to provide greater leave rights under a collective bargaining agreement or employment benefit plan. The FMLA also encourages employers to provide more generous leave rights.
The Wage and Hour Division investigates FMLA complaints. If violations cannot be satisfactorily resolved, the U.S. Department of Labor may bring action in court to compel compliance. Individuals may also bring a private civil action against an employer for violations.
The DFEH maintains authority to investigate CFRA complaints.
Application
Not Applicable.
Authorities
Bargaining Contracts - MOUs
California Code of Regulations, title 2, sections 11087 to 11098
Code of Federal Regulations, title 29, section 541
Code of Federal Regulations, title 29, section 825.102
Code of Federal Regulations, title 29, section 825.126
Code of Federal Regulations, title 29, section 825.127
Code of Federal Regulations, title 29, section 825.214
Code of Federal Regulations, title 29, section 825.306(a)(3)
Code of Federal Regulations, title 29, section 825.309
Code of Federal Regulations, title 29, section 825.310
Government Code section 12945
Government Code section 12945.2
Resources
FAQs
Family Medical Leave Act
: Frequently Asked Questions
Forms
CalHR 752
: Notice of Eligibility AND Rights and Responsibilities
CalHR 753
: FMLA/CFRA Designation Notice
Certification of Health Care Provider (CFRA)
: Civil Rights Department Certification of Health Care Provider (California Family Rights Act)
DOL WH-381
: U.S. Department of Labor Notice of Eligibility and Rights & Responsibilities (Family and Medical Leave Act)
DOL WH-382
: U.S. Department of Labor Designation Notice (Family and Medical Leave Act)
DOL WH-384
: U.S. Department of Labor Certification of Qualifying Exigency for Military Family Leave (Family and Medical Leave Act)
PML
PML 1992-006
: PML 1992-006 - 1/13/1992 - AB 77 Family Leave Care
PML 1993-048
: PML 1993-048 - 7/20/1993 - Family and Medical Leave Act of 1993
PML 1993-061
: PML 1993-061 - 9/3/1993 - Federal Family and Medical Leave Act
PML 1994-010
: PML 1994-010 - 2/14/1994 - California Family Rights Act/Federal Medical Leave Act
PML 1994-056
: PML 1994-056 - 10/7/1994 - Family Medical Leave Act (FMLA)
PML 2002-041
: PML 2002-041 - 7/8/2002 - Family and Medical Leave Act (FMLA)
PML 2003-051
: PML 2003-051 - 12/9/2003 - Eligibility Requirements Under the Family and Medical Leave Act of 1993
PML 2009-028
: PML 2009-028 - 6/15/2009 - Family Medical Leave Act Changes – Military Servicemember Leave
PML 2010-009
: PML 2010-009 - 3/2/2010 - Family Medical Leave Act Changes
PML 2011-031
: PML 2011-031 - 7/29/2011 - Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) - Bargaining Unit 6
PML 2015-027
: PML 2015-027 - 9/24/2015 - Amendments to California Family Rights Act regulations
Related Policies
2120
: Pregnancy Disability Leave
Web Pages
29 CFR Appendix C to Part 825
: Notice to Employees of Rights under FMLA
DOL FMLA Fact Sheets
: Fact sheets by topic
DOL Wage and Hours Division - FMLA
: The Employer's Guide to The Family and Medical Leave Act
Employee Rights under FMLA
: Poster
FMLA Medical Certification
: Electronic Code of Federal Regulations
Guide to Military Family Leave
: The Employee’s Guide to Military Family Leave under the Family Medical Leave Act
Authorized By
Melissa Russell
Chief
Personnel Management Division
Contact Person
Personnel Services Branch
Personnel Program Consultant
, Personnel Services Branch
Email:
psb@calhr.ca.gov
Superseded Policies
Not Applicable.
History
View History
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Table of Contents
Expand All
1000 - Equal Employment Opportunity
1001 - Equal Employment Opportunity (EEO) Officer Role
1002 - Nondiscrimination Statements
1003 - Bilingual Services
1004 - Reasonable Accommodation for Pregnancy, Childbirth, or Related Medical Condition
1005 - Upward Mobility Program
1007 - Monitoring Qualifications Appraisal Panel Composition
1009 - Employee Demographic Data Collection
1010 - Discrimination Complaint Tracking System (DCTS)
1100 - Selection
1102 - Limited Three-Rank Model
1103 - Human Resources (HR) Liaison Training
1105 - Eligibility Withhold Process
1106 - Job Analysis (JA)
1107 - Limited Examination and Appointment Program (LEAP)
1108 - Steps in the Selection Process
1109 - Policy Resolution Process
1200 - Appointments
1201 - Student Assistants
1203 - Career Executive Assignments (CEA)
1204 - Nepotism
1205 - Military Seniority
1206 - Retired Annuitants
1207 - Hiring Preference for Student Assistants and Internships
1208 - Promotions in Place
1209 - Casual Employment
1210 - Special Consultant
1211 - Criminal History Background Checks
1212 - Temporary Appointments (TAU)
1213 - Unlawful Appointments
1214 - Extension of Probationary Periods
1215 - Rescinding a Job Offer/Refusing to Employ a Person Who Has Accepted an Offer of Employment
1216 - Non-testing Classifications
1217 - Intermittent Employees
1218 - Additional Appointments
1300 - Exempt Employees
1301 - Exempt Employee Salary
1302 - Exempt Lump Sum Payments
1303 - Exempt Out of Class Assignments
1400 - Benefits and Insurance
1401 - Health Benefits
1402 - Affordable Care Act
1403 - Dental
1404 - Vision
1405 - Domestic Partners
1406 - Consolidated Benefits (CoBen)
1407 - FlexElect
1408 - Consolidated Omnibus Budget Reconciliation Act (COBRA)
1409 - Health and Wellness
1410 - State Disability Insurance (SDI)
1411 - Non-Industrial Disability Insurance (NDI)
1412 - Industrial Disability Leave
1413 - Group Long Term Disability Insurance
1414 - Temporary Disability
1415 - Workers' Compensation
1416 - Workers' Compensation Administrative Time Off
1417 - Workers' Compensation Liability Between Departments
1418 - Employee Assistance Program
1419 - Group Legal Services Insurance
1420 - Basic Group Life Insurance
1421 - Supplemental Life Insurance
1422 - Other Post-Employment Benefits (OPEB) Prefunding
1423 - 25-Year State Service and Retirement Awards
1424 - Dependent Re-verification (DRV)
1425 - Bicycle Commuter Program
1426 - Universal Administrative Fees
1427 - Employer Notification Requirements on Premium Assistance Programs
1428 - Employer Notification Requirements – Consumer Coverage Disclosure for Employees in the State of Illinois
1500 - Work Schedules
1501 - Non-Standard Work Schedule Policy for Work Week Group E/SE
1502 - Flexible Work Arrangements
1503 - Alternate Work Week Schedule Policy for Work Week Group 2
1600 - Commute and Parking Programs
1601 - Third Party Pre-Tax Parking Reimbursement Account Program Policy
1602 - Mass Transit Commute Program
1603 - Vanpool Commute Program
1700 - Compensation
1701 - Pay Warrants
1702 - Arduous Pay
1703 - Timely Payment of Wages
1704 - Salary Upon Transfer to a Deep Class
1705 - Safety Footwear
1706 - Managerial Appointments
1707 - Hiring Above Minimum (HAM)
1708 - Computing Overtime
1709 - Seniority Calculations
1710 - Discretionary Salary Action Corrections
1711 - Furlough Program
1712 - Holiday Guidance
1713 - Overtime Compensation (Cash in Lieu of Benefits)
1714 - Part-time Employee Compensation
1715 - Compensation Request Policy
1716 - Timekeeping and Timesheet Submission
1800 - Savings Plus
1801 - Contribution Rates
1802 - Transfer Leave Credits and Catch-Up
1803 - Underfunded Savings Plus Accounts
1804 - Rehired Annuitants
1806 - Part-time, Seasonal, and Temporary Employees Retirement Program (PST)
1807 - Leave Buy-Back, Option to Transfer to Savings Plus 401(k) Plans Enhancement for Fiscal Year 2023/24
1900 - Bona Fide Associations
1901 - Bona Fide Associations Policy
2000 - Collective Bargaining
2001 - Union Notices
2002 - Confidential Designations
2003 - Delegated Agreements
2004 - Union Release Time Bank
2005 - Bulletin Boards
2006 - Decertification
2007 - State Bar Dues
2008 - Personal Services Contract Notices
2009 - Performance Appraisal and Individual Development Plan
2010 - Public Employee Communication
2100 - Leave
2101 - Leave Accounting
2102 - Annual Leave
2103 - Vacation
2104 - Leave Buy-Back
2105 - Sick Leave
2106 - Influenza Season
2107 - Family Medical Leave Act / California Family Rights Act
2108 - Family School Partnership Act
2109 - Holidays for Excluded Employees
2110 - Personal Holidays
2111 - Holiday Informal Time Off (ITO)
2112 - Professional Development Day
2113 - Personal Leave Program (PLP)
2114 - Voluntary Personal Leave Program (VPLP)
2115 - Bereavement Leave
2116 - Catastrophic Leave
2117 - Jury Duty
2118 - Military Leave
2119 - Mentoring Leave
2120 - Pregnancy Disability Leave
2121 - Administrative Time Off (ATO)
2122 - Leave of Absence
2123 - Parr Lawsuit Leave
2124 - Employee Leave Management
2125 - Volunteer Relief Leave Program
2126 - Absence Without Leave (AWOL)
2127 - Covid-19 Supplemental Paid Sick Leave 2022
2128 - National Disaster Medical System Leave
2129 - Reproductive Loss Leave
2130 - Wounded Warriors Transitional Leave Act - Sick Leave
2200 - Travel/Relocation
2201 - Travel and Relocation Policy
2202 - Mileage Reimbursement
2203 - Allowances and Travel Reimbursements
2300 - State Owned Housing
2301 - State Owned Housing (SOH) Policy
2400 - Employee Recognition
2401 - Employee Recognition Policy
2402 - HR Credentialing Program
2600 - Layoffs
2601 - Layoffs
2602 - State Restriction of Appointments (SROA)
2603 - Reemployment
2700 - Retirement
2701 - CalPERS Contribution Rates and Benefit Formulas
2702 - State Safety Retirement
2703 - Peace Officer/Firefighter Retirement (POFF)
2704 - CalPERS 1959 Survivor Benefit Program
2705 - Disability Retirement
2706 - Employer Notification Requirements – Social Security Requirement
2800 - Training
2801 - Leadership Training and Development Requirements
2900 - Workforce Planning
2901 - Workforce and Succession Plan Requirements
3000 - Examination and Hiring
3001 - State Application Filing Guidelines
3002 - Minimum Qualifications (MQs) Calculating Experience & Verification of MQs Prior to Appointment
3003 - Petitions to Participate in Examinations
3004 - Statement of Qualifications
3005 - Using 511B Form
3006 - Examination Announcements and Application Filing Guidelines
3007 - Anonymous Hiring
3100 - Drug-Free Workplace
3101 - Tobacco and Marijuana Use
3200 - Medical Screening
3201 - Controlled Substance Abuse Testing and Treatment Program
3202 - Pre-Employment Medical Examination Selection
3300 - Apprenticeships
3301 - Civil Service Traditional and Non-Traditional Apprenticeship Programs
3400 - Temporary Assignment
3401 - Training and Development Assignment
3500 - Classification Plan
3501 - Establishing and Revising Classification Specifications