California Family Rights Act
This California Family Rights Act (CFRA) Policy informs the employees of a California
company when they are allowed to take leave pursuant to the CFRA. This policy states
that employees may take leave for the birth of a child; the serious health condition of the
employee’s child, parent or spouse; and an employee’s own serious health condition.
The maximum duration of the league must be 12 work weeks. This policy is ideal for
small businesses or other entities that want to inform employees of when and how they
can take leave pursuant to the CFRA.
We at __________________ [Instructions: Insert the Company’s name] (“Company”) have
established this California Family Rights Act (“CFRA”) Policy to provide formal guidance to
employees regarding Company’s position with respect to its compliance with the CFRA by
permitting unpaid CFRA leave.
1. ELIGIBLE EMPLOYEES
To be eligible for CFRA leave, an employee must be either a full-time or part-time employee
working in California, have more than 12 months (52 weeks) of service with Company, have
worked at least 1,250 hours in the 12-month period before the date the leave begins, and work at
a location in which Company has at least 50 employees within 75 miles radius of said
employee's work site (an “Eligible Employee”).
2. TYPES OF CFRA LEAVES
In compliance with the CFRA, Eligible Employee’s may take an unpaid CFRA leave for the: (a)
birth of the Eligible Employee’s child; (b) placement of the Eligible Employee’s child in
adoption or foster care; (c) serious health condition of the Eligible Employee's child, parent, or
spouse; and/or (d) Eligible Employee's own serious health condition. For purposes hereof,
“serious health condition” means illness, injury (including on-the-job injuries), impairment, or
physical or mental condition of the Eligible Employee or a child, parent or spouse of the Eligible
Employee that involves either: in-patient care in a hospital, hospice, or residential health care
facility or continuing treatment or supervision by a health care provider.
3. DURATION OF LEAVE
a. Maximum. The maximum duration of a CFRA leave may total up to 12 work
weeks in a 12-month period. It does not need to be taken in one continuous period of time. The
12-month period shall be measured from the date an Eligible Employee's first CFRA leave
b. Minimum. The minimum duration of a CFRA leave is two weeks when the leave
is taken for the birth, adoption, or foster care placement of a child. However, Company may, in
its own discretion, grant a request for a CFRA leave of less than two weeks duration.
4. CONDITIONS OF LEAVE
a. Leave taken for the birth, adoption, or foster care placement of a child must be
completed within one year of the qualifying event.
b. Where both parents are eligible for CFRA leave but are employed by the same
Company, that Company may limit leave for the birth, adoption, or foster-care placement of their
child to 12 workweeks in a 12-month period between the two parents. No other limitations
restrict these parents from taking a CFRA leave for other qualifying reasons.
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c. Where CFRA leave is taken for the serious health condition of a parent, child, or
spouse or for the serious health condition of the employee, leave may be taken intermittently or
on a reduced-work schedule when medically necessary, as determined by the health care
provider of the person with the serious health condition. Company may limit leave increments to
the shortest period of time that Company's payroll system uses to account for absences.
5. NOTICE OF LEAVE
An Eligible Employee shall provide Company’s Human Resources Department (“HR”) with as
much notice as possible of the Eligible Employee’s intent to take CFRA leave. The notice must
be sufficient to make the employer aware the employee needs CFRA qualifying leave, namely it
shall state the reason for the leave and its anticipated timing and duration.
6. LEAVE BENEFITS
a. In compliance with the CFRA, Company shall not be required to pay an Eligible
Employee during a CFRA leave, except the Eligible Employee elects to use any accrued vacation
time or other accumulated paid leave.
b. Company shall continue health care coverage for all Eligible Employees for the
duration of the Eligible Employees’ CFRA leave. Company shall continue all other benefits
during an Eligible Employee’s CFRA leave. During the period of CFRA leave, the employee is
entitled to accrual of seniority and to participate in employee benefit plans to the same extent and
under the same conditions as would apply to any other leave granted by the Company for any
reason other than CFRA leave.
a. Company guarantees that Eligible Employee’s that take a CFRA leave shall be
reinstated to the same or comparable position at the end of the CFRA leave. Company shall
provide the guarantee in writing upon the request of the Eligible Employee. For purposes hereof,
a “comparable position” shall mean a position that is virtually identical to the Eligible
Employee's original position in terms of pay, benefits, and working conditions, including
privileges, perquisites, and status, which involves the same or substantially similar duties and
responsibilities, skill, effort, and authority, must be performed at the same or geographically
proximate work site, and ordinarily means the same shift or same or equivalent work schedule.
b. Notwithstanding the foregoing, Company may deny reinstatement to an Eligible
Employee following a CFRA leave, if the Eligible Employee’s position ceases to exist (i.e., lay-
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