CALIFORNIA FAMILY RIGHTS ACT
IS A FORMAL LEAVE REQUEST BY THE EMPLOYEE NECESSARY?
The California Family Rights Act (“CFRA”) provides eligible employees with the right to take unpaid, job-protected leave for certain family and medical reasons. A common question that arises is whether an employee must formally request CFRA leave to benefit from its protections. Here’s what both employees and employers need to know.
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- EMPLOYEE’S RESPONSIBILITY TO REQUEST CFRA LEAVE
Under CFRA, the employee is typically required to provide notice to the employer to initiate leave. However, the specific request for “CFRA leave” does not have to be made using special language. The employee must communicate the need for time off for a qualifying reason, and then it’s up to the employer to recognize that such a request may be covered by CFRA.
- WHAT QUALIFIES AS A REQUEST?
Clear Communication
The employee should communicate the need for leave, stating the reason that qualifies 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 notice at least 30 days in advance 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 doesn’t explicitly mention CFRA, the employer is required to identify leave requests that may qualify under CFRA.
Provision of Information:
Upon identifying a potential CFRA leave situation, employers must inform the employee of their CFRA rights and responsibilities.
- SITUATIONS WHERE FORMAL REQUESTS MAY NOT BE REQUIRED
There may be situations where an employee is unable to request leave due to unforeseen circumstances, such as a sudden medical emergency. In such cases, the employer should consider the situation’s facts and apply CFRA protections accordingly.
- COMMUNICATION IS KEY
Both the employer and the employee have responsibilities when it comes to CFRA leave:
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 has to request leave to invoke CFRA protection, but the request doesn’t need to be in any special form. It’s more about the substance of the request rather than the form it takes. Employees don’t need to be legal experts, but they do need to communicate their need for leave clearly and timely.
The material in this article, provided by San Diego Biz Law, APC, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.
CALIFORNIA FAMILY RIGHTS ACT
IS A FORMAL LEAVE REQUEST BY THE EMPLOYEE NECESSARY?
The California Family Rights Act (“CFRA”) provides eligible employees with the right to take unpaid, job-protected leave for certain family and medical reasons. A common question that arises is whether an employee must formally request CFRA leave to benefit from its protections. Here’s what both employees and employers need to know.
-
-
- EMPLOYEE’S RESPONSIBILITY TO REQUEST CFRA LEAVE
-
Under CFRA, the employee is typically required to provide notice to the employer to initiate leave. However, the specific request for “CFRA leave” does not have to be made using special language. The employee must communicate the need for time off for a qualifying reason, and then it’s up to the employer to recognize that such a request may be covered by CFRA.
- WHAT QUALIFIES AS A REQUEST?
Clear Communication
The employee should communicate the need for leave, stating the reason that qualifies 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 notice at least 30 days in advance 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 doesn’t explicitly mention CFRA, the employer is required to identify leave requests that may qualify under CFRA.
Provision of Information:
Upon identifying a potential CFRA leave situation, employers must inform the employee of their CFRA rights and responsibilities.
- SITUATIONS WHERE FORMAL REQUESTS MAY NOT BE REQUIRED
There may be situations where an employee is unable to request leave due to unforeseen circumstances, such as a sudden medical emergency. In such cases, the employer should consider the situation’s facts and apply CFRA protections accordingly.
- COMMUNICATION IS KEY
Both the employer and the employee have responsibilities when it comes to CFRA leave:
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 has to request leave to invoke CFRA protection, but the request doesn’t need to be in any special form. It’s more about the substance of the request rather than the form it takes. Employees don’t need to be legal experts, but they do need to communicate their need for leave clearly and timely.
The material in this article, provided by San Diego Biz Law, APC, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.