Five or More Employees?? What to do with California's New CFRA Leave Law

Many employers are aware that leave of absences for employees are required with fifty or more employees, but beginning in 2021, all employers in California with FIVE or more employees are required to provide job protected leave for employees to care for themselves, their new baby, or certain relatives...this is huge! While this may seem a little overwhelming, there are a few things to keep in mind when trying to grasp the new requirements for your company. First, let's go over what this new requirement entails:

California Family Rights Act (CFRA) applies to any private employer with five or more employees and all public agencies

1. Eligible employees include anyone who has worked for the employer for 12 months and has worked 1,250 hours in a 12 month period

2. If criteria above is met, employees are eligible for up to twelve weeks of job protected leave in a 12 month period

3. Qualifying reasons:

   1. The employee's own serious health condition.

   2. Caring for a family member (parent, child, grandparent, grandchild, sibling, spouse or registered domestic partner) with a serious health condition.

   3. A qualifying exigency relating to a close family member's military service.

   4. Bonding with a newborn, an adopted child or a child placed in foster care with an employee.

What does this mean for employers?? This means that there are requirements to maintain compliance as well as timelines to be followed. Employers are required to post the Family Care and Medical Leave and Pregnancy Disability Leave form. It also requires employers to provide a Leave Designation form within a certain timeframe and other documentation may be required. Lastly, it will require tracking of the time taken for the leave. After completion of their leave, employers must return the employee to the same, or similar position.

If leave of absences haven't applied to your company before, we can help get a proper checklist as well as provide the necessary paperwork. We can also assist in tracking leaves and ensuring compliance. Call or email SimpliHR to set up a time to discuss how we can help you! You can also visit www.hrandrecuriting.com to find out other ways we can help!