California CFRA Leave Policy (5-49 Employees)

A "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider, and either prevents the employee from performing the functions of his or her job or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing-treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider, or one visit to a health care provider and a continuing regimen of care; an incapacity caused by a chronic condition or permanent or long-term conditions; or absences due to multiple treatments. Other situations may also meet the definition of "continuing treatment."

The 12-Month Measurement Period

[Company Name] measures the period of twelve (12) months in which leave is taken by [insert defined 12-month period].

Intermittent or Reduced-Schedule Leave

Eligible employees may take CFRA leave in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule when medically necessary for the serious health condition of the employee or immediate family member. [Optional: Intermittent leave to bond with a new child must be taken in two-week increments, with a shorter duration allowed on two occasions.]

Employees who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt [Company Name]'s operations. Intermittent leave is permitted in intervals of at least one hour or at the same intervals as provided in [Company Name]'s [sick leave, vacation or paid-time-off] policy, whichever increments are smaller.

Interaction with Paid Leave

Depending on the purpose of the leave request, employees may choose (or [Company Name] may require employees) to use accrued paid leave (such as sick leave, vacation or paid time off) concurrently with some or all of the CFRA leave. To use paid leave concurrently with CFRA leave, eligible employees must comply with [Company Name]'s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice).

Employee paid-leave accruals (paid time off, vacation, sick leave) will continue while paid leave is used during periods of CFRA absence and in accordance with those individual policies.

Employee paid-leave accruals will not continue during unpaid periods of CFRA absence or when only disability payments are being received.

Maintenance of Health Benefits

If employees and/or their families participate in [Company Name]'s group health plan, [Company Name] will maintain coverage during CFRA leave on the same terms as if employees had continued to work. If applicable, employees must make arrangements to pay their share of health plan premiums while on unpaid leave. In some instances, [Company Name] may recover premiums it paid to maintain health coverage or other benefits for employees and/or their families. Use of CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of leave under this policy. Employees should consult the applicable plan document for information regarding eligibility, coverage and benefits.

Procedures

When seeking leave under this policy, employees must provide the following to [Human Resources/Other Job Title]:

1. Thirty (30) days' notice of the need to take CFRA leave if the need for leave is foreseeable, or notice as soon as practicable in the case of unforeseeable leave and in compliance with [Company Name]'s normal call-in procedures, absent unusual circumstances.
2. Medical certification supporting the need for leave due to a serious health condition affecting the requesting employee or an immediate family member within fifteen (15) calendar days of [Company Name]'s request for the certification (additional time may be permitted in some circumstances). Failure to do so may result in delay of the commencement of leave or denial of a leave request. Second or third medical opinions  may also be required when allowed.
3. Periodic reports as deemed appropriate during the leave regarding the employee's status and intent to return to work.
4. [Optional: A return-to-work release before returning to work if the leave was due to the employee's serious health condition.]

Employer Responsibilities

To the extent required by law, [Company Name] will inform employees whether they are eligible for leave under CFRA. Should employees be eligible for CFRA leave, [Company Name] will provide them with a notice that specifies any additional information required, as well as their rights and responsibilities. [Company Name] will also inform employees if leave will be designated as CFRA-protected and, to the extent possible, note the amount of leave counted against employees' leave entitlement. If employees are not eligible for CFRA leave, [Company Name] will provide a reason for the ineligibility.

Job Restoration

Upon returning from CFRA leave, employees will typically be restored to their original position or to an equivalent position with equivalent pay, benefits and other employment terms and conditions.

Failure to Return After CFRA Leave

If an employee fails to return to work as scheduled after CFRA leave or if an employee exceeds the 12-week CFRA entitlement, the employee will be subject to [Company Name]'s other applicable leave of absence, accommodation and attendance policies. This may result in termination if the employee has no other [Company Name]-provided leave available that applies to the continued absence. Likewise, following the conclusion of the CFRA leave, [Company Name]'s obligation to maintain the employee's group health plan benefits ends (subject to any applicable COBRA rights).