California Family Rights Act (CA)

The Family and Medical Leave Act (FMLA) in some respects provides the benefits that are available to the University’s California employees under the California Family Rights Act (CFRA), but there are a number of key differences.  Where permitted by the FMLA and the CFRA, leave taken pursuant to one of these laws will run concurrently with the employee’s leave entitlement under the other law. An employee who is eligible for leave under only one of these laws will receive benefits in accordance with that law only. In any case, employees will be eligible for the most generous benefits available under applicable law.

This policy addresses employee rights under the CFRA only. Employees should also refer to the University’s FMLA Policy for additional guidance.

Eligibility Under the CFRA

Employees are eligible for CFRA benefits if they have been employed by the University for a total of at least 12 months (52 weeks) at any time prior to the commencement of the leave and have worked at least 1,250 hours over the previous 12 months as of the start of the leave.

Qualifying Leave Reasons under the CFRA

CFRA may be taken for the following reasons:

  • For the birth of an employee’s child or the placement of a child with the employee for foster care or adoption, so long as the leave is completed within 12 months of the birth or placement of the child;
  • To care for the employee’s spouse or registered domestic partner, child (regardless of age or dependency status), registered domestic partner’s child, parent, grandparent, grandchild, sibling or designated person, with a serious health condition;
  • For the employee’s own serious health condition, except for disability from pregnancy, childbirth or a related medical condition; or
  • For a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States;

For purposes of this policy, a “parent” includes a biological, foster or adoptive parent, a stepparent, a parent-in-law, a legal guardian or other person who stood in loco parentis to the employee when the employee was a child, and “designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship.  An employee may identify one designated person per 12-month period.

“Serious health condition” means an illness, injury (including, but not limited to, on-the-job injuries), impairment or physical or mental condition that involves either:

  • Inpatient care (including, but not limited to, substance abuse treatment) in a hospital, hospice or residential medical care facility, including any period of incapacity (that is, inability to work, attend school or perform other regular daily activities) or any subsequent treatment in connection with this inpatient care; or
  • Continuing treatment (including, but not limited to, substance abuse treatment) or continuing supervision by a health care provider that includes one or more of the following:
    • A period of incapacity (that is, inability to work, attend school or perform other regular daily activities due to a serious health condition, its treatment or the recovery that it requires) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves treatment two or more times via an in-person visit to a health care provider, or at least one visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider;
    • Any period of incapacity or treatment for incapacity due to a chronic serious health condition that requires periodic visits to a health care provider, continues over an extended period of time and may cause episodic incapacity;
    • A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, such as Alzheimer’s, a severe stroke and the terminal stages of a disease; or
    • Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider either for (a) restorative surgery after an accident or other injury; or (b) a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

Length of Leave

Employees are entitled to a maximum of 12 workweeks of CFRA leave in a 12-month period. The applicable “12-month period” used by the University is a rolling 12-month period measured backward from the date an employee uses CFRA leave.

CFRA leave is not available when an employee is disabled by pregnancy, childbirth or a related condition.  However, employees disabled by pregnancy, childbirth or a related medical condition may be entitled to pregnancy disability leave under California law and the Federal FMLA. Federal FMLA leave will generally run concurrently with pregnancy disability leave. CFRA leave is in addition to, and will not run concurrently with, leave taken in accordance with California’s pregnancy disability leave law.

When CFRA leave is for the birth or placement of a child and both parents work for the University, they will each be allowed up to 12 weeks of CFRA leave within 12 months of the child’s birth or placement.

When the reason for CFRA leave is the employee’s serious health condition, which also constitutes a “disability” under California’s Fair Employment and Housing Act (“FEHA”), and the employee cannot return to work at the conclusion of the CFRA leave, the University will engage in an interactive process to determine whether an extension of leave would be a reasonable accommodation under the FEHA.    Employees with disabilities who continue to have work-related medical restrictions at the conclusion of CFRA leave may be entitled to reasonable accommodation.  Employees should direct requests for reasonable accommodation to the Office of Affirmative Action and Equal Opportunity Programs.

Intermittent or Reduced Schedule Leave

Under some circumstances, employees may take CFRA leave intermittently, which means taking leave in blocks of time or reducing the employee’s normal weekly or daily work schedule. An employee may take leave intermittently or on a reduced schedule whenever it is medically necessary to care for the employee’s child, parent, spouse, registered domestic partner, grandparent, grandchild, sibling, registered domestic partner’s child, or designated person with a serious health condition or because the employee has a serious health condition. The medical necessity of the leave must be determined by the health care provider of the person with the serious health condition.

Intermittent or reduced schedule leave may also be taken for absences where the employee or their family member is incapacitated or unable to perform the essential functions of the job because of a chronic serious health condition, even if the person does not receive treatment by a health care provider during those occasions.

Leave due to military exigencies may also be taken on an intermittent or reduced leave schedule basis.

Leave taken intermittently may be taken in increments of no less than one hour.  Employees who take leave intermittently or on a reduced work schedule basis for planned medical treatment must make a reasonable effort to schedule the leave so as not to unduly disrupt the University’s operations.  If CFRA Leave is taken intermittently or on a reduced schedule basis due to planned medical treatment, the University may require employees to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave.

If an employee using intermittent leave or working a reduced schedule finds it physically impossible to start or stop work mid-way through a shift in order to take CFRA leave and is therefore forced to be absent for the entire shift, the entire period will be counted against the employee’s CFRA entitlement.  However, if there are other aspects of work that the employee is able to perform that are not physically impossible, then the employee will be permitted to return to work, thereby reducing the amount of time to be charged to the employee’s CFRA entitlement.

CFRA leave for Bonding Leave does not have to be taken in one continuous period of time, but the minimum duration is two weeks. However, the University will grant a request for CFRA leave lasting less than two weeks twice during the 12 month period.   Additional requests for Bonding Leave lasting less than two weeks may be directed to the FMLA Administrator and will be considered on a case-by-case basis depending on the needs of the University. If the request is granted, the University may require the employee to transfer temporarily to an available alternative position. Bonding Leave must be concluded within one year (12 months) of the birth or placement of the child.

Requesting Leave

Employees who wish to take planned family or medical leave must notify Wharton Human Resources with reasonable promptness when they become aware of the need for leave and should identify the planned dates of the leave. The University may require employees to provide written notice of the need for leave, except where written notice is not possible because of the need for immediate health care consultation or treatment.  Wharton Human Resources will coordinate with the University’s Leave Administrators to ensure compliance with the CFRA for any California employee requesting leave under the CFRA.

When the need for the leave is foreseeable (such as for the expected birth or placement of a child) employees must, if possible, provide at least 30 days’ advance notice.  For events that are unforeseeable, employees should notify the University (at least verbally) as soon as they learn of the need for leave.  Employees who need to take leave that is not foreseeable must follow the standard call-out procedures unless unusual circumstances prevent the employee from doing so, in which case the employee must provide notice as soon as possible.

Employees should provide notice to their supervisors and Wharton Human Resources.

Employees who need CFRA leave that is foreseeable due to a planned medical treatment should make reasonable efforts to schedule leave to avoid disruption to University operations.

In addition to other notice provisions, employees requesting leave for CFRA qualifying reasons must respond to any questions designed to determine whether an absence is potentially qualifying for leave under this policy. Failure to respond to permissible inquiries regarding the leave request may result in denial of CFRA leave protections

Certification of Health Care Provider

When the leave relates to medical issues (i.e., the serious health condition of an employee or family member), employees will be required to provide a medical certification within 15 calendar days  of the University’s request, unless it is not practicable to do so.  Certification forms are available from the FMLA Administrator.  Employees on CFRA leave for their own or a family member’s serious health condition may be required to provide a recertification when the original certification expires, if additional leave is requested.

At the University’s expense, the University may also require a second medical opinion regarding an employee’s  own serious health condition. Employees are expected to cooperate with the University in obtaining additional medical opinions that the University may require.

Qualifying Exigency Leave Requirements

Employees are required to provide:

  • As much advance notice as is reasonable and practicable under the circumstances;
  • A copy of the covered servicemember’s active duty orders when the employee requests leave and/or documentation (such as Rest and Recuperation leave orders) issued by the military setting forth the dates of the servicemember’s leave; and
  • A completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual circumstances exist to justify providing the form at a later date.

Certification forms are available from the FMLA Administrator.

Failure to Provide Notice or Certification and to Return From Leave

Absent unusual circumstances, failure to comply with these notice and certification requirements may result in a delay or denial of the leave. If an employee fails to return to work at the leave’s expiration and has not obtained an extension of the leave, the University may presume that the employee does not plan to return to work and has voluntarily terminated their employment.

Benefits

The University will continue making contributions for an employee’s group health benefits during a leave on the same terms as if the employee had continued to work. This means that, if an employee wants benefits coverage to continue during CFRA leave, the employee must continue to make any premium payments they were required to make for themselves or their dependents prior to the leave . Employees will generally be provided with group health benefits for a 12-workweek period. In some instances, the University may recover premiums it paid on an employee’s behalf to maintain health coverage if the employee fails to return to work following CFRA leave for reasons other than the continuation, recurrence, or onset of a serious health condition or circumstances beyond the employee’s control.

An employee’s length of service will remain intact, but benefits such as vacation and sick leave may not accrue while on an unpaid CFRA leave .

No loss of benefits accrued prior to the leave will occur as a result of leave under the CFRA, but employees are not entitled to any benefit or position that they would not have been entitled to if they did not take the leave.

Compensation During Leave

Leave taken under this policy is generally unpaid, although depending upon the circumstances, employees may be eligible to receive benefits through state-sponsored programs or the University’s sponsored wage-replacement benefit programs.  Employees may choose to  use accrued sick leave, to the extent permitted by law and the University’s policy. The University may require employees to use accrued PTO to cover some or all of the leave, only if the CFRA leave is otherwise unpaid. The CFRA leave is not unpaid if the employee is receiving state disability insurance, short or long term disability payments pursuant to an employer provided plan, or is receiving Paid Family Leave through the state. The use of paid benefits will not extend the length of CFRA leave. Any wage-replacement benefits and accrued paid leave will be integrated such that employees will receive no greater compensation than their regular compensation during this period.

Job Reinstatement

Under most circumstances, employees will be reinstated to the same position they held at the time of the leave or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. If an employee becomes unqualified during CFRA leave as a result of not attending a necessary course, or renewing a license, the employee will be given a reasonable opportunity to fulfill those conditions upon returning to work. Further, the University may grant an employee’s request to work a different shift, in a different or better position, or in a different location, that is better suited to the employee’s personal needs upon returning from CFRA leave. The University will also consider a reasonable accommodation under the FEHA if the employee is returning from CFRA leave for their own serious health condition.  However, employees have no greater right to reinstatement than if they had been continuously employed rather than taken leave. For example, if an employee would have been laid off or the employee’s position would have been eliminated even if they had not gone on leave, then the employee will not be entitled to reinstatement. However, if an employee has been replaced or the employee’s position was restructured to accommodate the employee absence, the employee is entitled to reinstatement. The University will not limit or deny reinstatement from CFRA leave on the basis that an employee is considered a “key employee” under the FMLA.

Prior to being allowed to return to work, an employee wishing to return from leave for their own serious health condition must submit an acceptable release from a health care provider that certifies the employee is able to resume work. For an employee on intermittent or reduced schedule CFRA leave, such a release may be required up to once every 30 days if reasonable safety concerns exist regarding the employee’s ability to perform their duties, based on the serious health condition for which the employee took the intermittent or reduced schedule leave.

Confidentiality

Documents relating to medical certifications, recertifications or medical histories of employees or employees’ family members will be maintained separately and treated as confidential medical records, except that in some legally recognized circumstances, the records (or information in them) may be disclosed to supervisors and managers, first aid and safety personnel or government officials

Fraudulent Use of CFRA Leave Prohibited

An employee who fraudulently obtains CFRA Leave from the University is not protected by the CFRA’s job restoration or maintenance of health benefits provisions. In addition, the University will take all available appropriate disciplinary action against an employee due to such fraud.

Nondiscrimination and Antiretaliation Provisions

The University takes its CFRA leave obligations very seriously and will not interfere with, restrain, or deny the exercise of any rights provided by the CFRA. We will not terminate or discriminate against any individual for exercising their right to family and medical leave under the CFRA or for giving information or testimony regarding their own or another person’s leave in an inquiry or proceeding related to rights under the CFRA. If an employee believes that their CFRA rights have been violated in any way, they should immediately report the matter to Human Resources.

Employees should contact Human Resources as to any CFRA questions they may have.

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