IS A FORMAL LEAVE REQUEST BY THE EMPLOYEE NECESSARY?
The California Family Rights Act (CFRA) grants eligible employees the right to unpaid, job-protected leave for certain family and medical reasons. A common question is whether an employee must formally request CFRA leave to receive its protections.
What Employees and Employers Need to Know
Employees do not need to use specific legal terms or formally request “CFRA leave” to be protected under the law. Instead, if an employee provides enough information for their employer to recognize that the leave may qualify under CFRA, the employer is responsible for providing the appropriate leave rights and protections.
EMPLOYEE’S RESPONSIBILITY TO REQUEST CFRA LEAVE
Under CFRA, an employee is generally required to provide notice to their employer to initiate leave. However, a specific request for “CFRA leave” does not need to be made using special language. The employee must simply communicate the need for time off for a qualifying reason, and it is then the employer’s responsibility to recognize that the request may be covered under CFRA.
WHAT QUALIFIES AS A REQUEST?
- Clear Communication
The employee should communicate their need for leave and specify the qualifying reason for CFRA protection, such as the birth of a child, a family member’s serious health condition, or their own health condition.
- Providing Notice
For foreseeable leave, the employee should provide at least 30 days’ notice when possible. For unexpected leave, the employee should notify the employer as soon as practicable.
EMPLOYER’S OBLIGATION TO RECOGNIZE CFRA LEAVE
Identification of CFRA Eligibility
Even if an employee does not explicitly mention CFRA, the employer is responsible for recognizing leave requests that may qualify under CFRA.
Provision of Information:
Once a potential CFRA leave situation is identified, the employer must inform the employee of their CFRA rights and responsibilities.
SITUATIONS WHERE FORMAL REQUESTS MAY NOT BE REQUIRED
In some cases, an employee may be unable to request leave due to unforeseen circumstances, such as a sudden medical emergency. In these situations, the employer should evaluate the circumstances and apply CFRA protections as appropriate.
COMMUNICATION IS KEY
- Employees
Should be proactive in communicating their need for leave.
- Employers
Must be vigilant in identifying potential CFRA leave situations and providing the necessary information to the employee.
THE BOTTOM LINE
An employee generally must request leave to invoke CFRA protection, but the request does not need to follow a specific format. What matters is the substance of the request rather than its form. Employees don’t need to be legal experts, but they must clearly and timely communicate their need for leave.
