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California Family Rights Act Leave Raises Issues and Questions

By Sunny Lee

My employee has used her Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) time last year to care for her mother. Now she wants to take leave to care for her grandchild. Are we required to provide more time to her?

That is an interesting question and one the new provisions of the CFRA do address. The big change that was made to the California law that went into effect January 1, 2021 included the provisions that added additional family members who are now protected under CFRA. They include grandparents, grandchildren, siblings and in-laws.

Therefore, even though your employee has already used 12 weeks of FMLA/CFRA last year to care for her mother, she is entitled to request a CFRA leave now for the care of her grandchild.

Hours Worked

Whether she is entitled to that additional time depends on her eligibility for the leave (that is, having worked 1,250 hours during the 12 months prior to the leave).

If she was not full time and had missed a lot of work during that time, she may not have worked enough hours to qualify for the leave. Time worked includes regular and overtime hours, but not paid time off (PTO) hours, such as sick, vacation, PTO or holidays. Read More

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