The California Family Rights Act (CFRA) has been updated to add guidance to some of its regulations and to align more closely with the federal Family and Medical Leave Act (FMLA). New regulations take effect July 1, 2015 and apply to employers with 50 or more employees. Here are some highlights. To read all of the new regulations, click here.
Definitions. The definition of “covered employee” now includes clarification for when two or more businesses have control over an employee’s work or working conditions. The definition of “eligible employee” clarifies how to determine eligibility for leave, including guidance on how to determine an employee’s worksite if the employee works remotely. Note that if an employee does not have the 12 months of service required for a qualified leave at the start of the leave, but reaches it during the leave, the employer must provide a CFRA leave when the employee qualifies.
Job restoration. Updates require the employer to interactively involve the employee in determining whether an extension of leave constitutes a reasonable accommodation when the employee cannot return to work at the end of his or her leave due to a serious health condition. The law also now denies job restoration and maintenance of health benefits to employees who fraudulently obtain a CFRA leave.
Certifications/postings. The sample Certification of Health Care Provider form has been revised and now clarifies authentication and second opinion processes. Updates also permit electronic posting of CFRA notices and require employers to translate the CFRA notice into every language spoken by at least 10 percent of its workforce.
There are still some differences between the FMLA and CFRA regulations:
Pregnancy disability. Not covered under CFRA, but covered under FMLA.
Medical certifications. FMLA permits an employee to contact the employee’s medical provider for authentication and/or clarification of a medical certification. CFRA only permits contact for clarification.
Second opinions. FMLA gives employers broader permissions in seeking second medical opinions.
Use of paid sick leave. Under CFRA, an employer may require an employee to use paid sick leave for the unpaid portion of their leave when the leave is for their own personal health condition. The same applies to an FMLA. For a CFRA leave for any other reason, however, the employer cannot force the employee to use paid sick leave.
Be sure you start now updating your FMLA and CFRA policies to stay in compliance. Please contact me if you need assistance.