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Amendments to CFRA Regulations Approved, Take Effect July 1st
The Office of Administrative Law (OAL) approved amendments to the California Family Rights Act (CFRA) regulations. Several changes were made to align the CFRA regulations more closely with the federal Family and Medical Leave Act (FMLA) regulations. Here are some of the changes that are being made:
1) the definition of "covered employer" and "eligible employee"
2) the definition of a "spouse" - clarifying coverage for same-sex spouses; and
3) reinstatement provisions, including an expanded reinstatement guarantee.
The new CFRA regulations also make a number of other important changes, such as the process of responding to CFRA leave requests, intermittent leave and reduced schedule provisions, consequences of an employee's failure to respond to employer inquiries regarding the leave request, failure to return a required medical certification, and fradulently obtaining CFRA leave. We have included a legal article (web link) which may provide additional insight into the regulatory changes. We have also included an additional link to the DFEH's site.
http://www.millerlawgroup.com/publications/alerts/3-25-2015%20New%20CFRA%20Regulations.pdf
http://www.dfeh.ca.gov/FEHCouncil.htm