Leaves under CFRA and FMLA in California are particular challenges for even the most experienced HR professional. Today’s newly updated Compliance Guide to CFRA and FMLA will explain everything you need to know.
Download your free report here
Here’s an excerpt from today’s free report, Compliance Guide to the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA):
Employee Eligibility
To be eligible for FMLA benefits, an employee must:
- work for a covered employer; and
- have worked for the employer for at least 12 months, which includes time spent working for you as a leased or temporary employee; and
- have worked at least 1,250 hours over the prior 12 months (about 24 hours per week); and
- work at a location where at least 50 employees are employed by the employer within 75 miles.
In determining whether the employee has worked for the employer for at least 12 months,
the old FMLA rules did not require the 12 months of employment to be consecutive. This
is still true under the new rules. However, the new rules clarify that if the employee has a
break in service of more than seven consecutive years, the 12-month clock restarts.
Conversely, this means that employees who have at least 12 months of service, even if there are breaks in service of less than seven years, remain eligible for FMLA leave if the other requirements listed above are met.
Remember, it’s Free Report Friday—Get the complete, newly updated Compliance Guide to the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) absolutely free. Download your copy now.