HR Management & Compliance

Short Takes: Domestic Partner FMLA

Can my employee take FMLA (Family and Medical Leave Act) leave to care for a domestic partner’s child?

Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.

The federal FMLA doesn’t provide leave for domestic partners, but the California Family Rights Act (CFRA) does. Under the CFRA, an employee may take leave to care for a registered domestic partner or child of a registered domestic partner with a serious health condition. This difference between the federal and state laws makes it possible for an employee to take CFRA leave that does not count against his or her entitlement under the FMLA. — CELA Editors