In order for an employee to be eligible for FMLA/CFRA, the following conditions must be met:
- The employee must have been a permanent, probationary, temporary and/or Extra Help employee continuously for at least 12 months.
- The employee must have worked (001 time) at least 1,250 hours in the 12 months immediately prior to requesting a leave of absence. Extra Help hours do count towards the 1,250 hour threshold. Non-work hours (sick leave, vacation, holiday, unpaid time) do not count towards the 1,250 hours threshold.
- The leave must be for one of the following reasons:
- The employee’s own serious health condition.
- The care of the employee’s spouse, domestic partner, parent, child or young adult dependent with a serious health condition. Care of other relatives, including but not limited to grandparents/grandchildren, aunts/uncles, or in-laws, does not qualify under FMLA/CFRA.
- Birth or adoption of a child.
- Placement in the employee’s home of a child in foster care.
What is a “Serious Health Condition”?
There are very specific circumstances under which an employee is entitled to FMLA/CFRA leave. Complex rules determine whether the employee or family member has a “serious health condition” covered by FMLA/CFRA. Managers and supervisors should not make their own judgments as to whether a condition qualifies as “serious”, but instead should refer these questions to the County’s ADA/TWA/LOA Coordinator.
What should be included on the medical certification form from the doctor?
For an employee’s own illness:
- The date on which the serious health condition commenced;
- The probable duration of the condition;
- That the employee is unable to perform the functions of his or her position.
For a family member’s illness:
- The date on which the serious health condition commenced;
- The probable duration of the condition;
- An estimate of the amount of time the employee needs to care for the family member;
- Verification that the serious health condition warrants the participation of the employee to provide care during the period of treatment.
What is “Reduced” or “Intermittent” FMLA/CFRA leave?
Depending on the specific medical condition, this leave may be taken in blocks of time or intermittently. The FMLA/CFRA gives covered employees the right to take off up to 480 hours (12 weeks) per year in “reduced” or “intermittent” leave for a serious health condition. Reduced leave is a reduction in the employee’s normal hours per day or hours per week (e.g. reduction from 8 to 6 hours daily, or every Wednesday off). Intermittent leave can be taken at varying times of the day or week and may be taken in increments as small as one hour. All intermittent leaves require advance review and approval by the Disability Program Manager.
How do I know whether a request for time off should be considered FMLA?
An employee does not have to specifically request an “FMLA leave” and does not have to use the term “FMLA” or “Family and Medical Leave” to put a supervisor or manager on notice that the time off they are requesting may meet FMLA/CFRA provisions. Immediately contact the County’s ADA/TWA/LOA Coordinator for guidance if you have questions when an employee indicates to you that they need medical leave for a serious health condition. It is the employer’s responsibility, i.e. the County, to determine if requested leave is covered by the FMLA/CFRA, and to notify the employee in writing that their leave of absence is covered in whole or in part by the FMLA/CFRA.
How does designating a leave of absence as FMLA/CFRA benefit the employee?
The main benefit for regular County employees is that the County continues to pay its share of the health insurance cost premium for up to 12 weeks while the employee is on this type of leave, while the employee pays only their usual cost. Extra Help employees are not eligible for this benefit since the County does not make a contribution to health coverage for them. It is important to encourage employees to discuss all benefit issues with the Benefits Division of the Human Resources Department whenever they will be out on an unpaid status.
County policy already requires the County to return regular employees to the same or similar position, so FMLA/CFRA does not provide any additional reinstatement rights. Extra Help employees who are eligible for and request an FMLA/CFRA leave of absence are entitled to return to the same or similar Extra Help assignment. This is an additional right for them.
Absences that qualify for FMLA/CFRA are considered protected time off and an employee cannot be counseled or disciplined for taking FMLA/CFRA time off.