Employers use this form to assess the applicability of FMLA/CFRA leave and to provide the employee with the required notices.
Eligibility for FMLA in California is a topic that is of utmost importance for employees and employers alike. The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with the right to take unpaid leave for specific family or medical reasons. However, in California, there are additional provisions that enhance and expand the rights provided by the FMLA at the federal level. Let's explore the various types of eligibility for FMLA in California: 1. Standard FMLA Eligibility: To be eligible for FMLA in California, employees must meet the criteria set forth by both federal and state laws. This includes working for a covered employer, having at least 12 months of employment (which need not be consecutive), and having worked a minimum of 1,250 hours in the 12 months preceding the start of FMLA leave. 2. California Family Rights Act (CFA) Eligibility: In addition to the federal FMLA, the CFA applies specifically to California employees. Eligibility requirements under the CFA mirror those of the FMLA, except for the provision that the employer must employ at least 50 employees within a 75-mile radius. 3. Pregnancy Disability Leave (PDL) Eligibility: California also grants eligible employees the right to take pregnancy disability leave separate from FMLA or CFA. PDL is available to employees disabled by pregnancy, childbirth, or related medical conditions. Eligibility for PDL doesn't require the same length of employment as FMLA or CFA but is available to employees working for covered employers regardless of their duration of employment. 4. Parental Leave Eligibility: The New Parent Leave Act (NPA) in California extends job-protected leave to individuals working for smaller employers. Under the NPA, employees need not meet the criteria set by FMLA or CFA in terms of employer size. However, they still need to meet the eligibility criteria in terms of length of employment and hours worked. 5. Military Family Leave Eligibility: FMLA also covers eligible employees who need to take leave for qualifying exigencies related to a family member's active duty or call to active duty as a member of the National Guard or Reserves. Eligibility requirements for military family leave are like those of standard FMLA leave. To summarize, FMLA eligibility in California encompasses standard FMLA, CFA, Pregnancy Disability Leave, Parental Leave under the New Parent Leave Act, and Military Family Leave. Employees must review the specific eligibility requirements for each type of leave to determine their rights and entitlement. Compliance with these eligibility criteria is crucial to ensure that employees receive the protections and benefits guaranteed under these laws.
