How to Calculate the Duration of Employment with a Company for State Family Rights Act Leave

Title: Understanding Eligibility for CFRA Leave: A Case Study

Introduction:
In the state of California, the California Family Rights Act (CFRA) provides eligible employees with the right to take a leave of absence for certain family and medical reasons. However, determining eligibility for this leave can be complex, especially in cases where an employee has transitioned from a seasonal to a regular employee. In this blog post, we will explore a specific case where a former seasonal employee is now requesting a leave of absence for surgery, and discuss the eligibility criteria for CFRA leave.

Background:
The company in question has 30 employees and is subject to the CFRA. The employee in question has been a regular employee for 9 months, but has not worked for the company for 12 consecutive months yet. The employer wants to ensure that they are following all the correct procedures in regards to the employee’s request for CFRA leave.

Eligibility Criteria:
Under the CFRA, there are two main eligibility criteria that an employee must meet in order to be eligible for leave: 12 months of employment and 1,250 hours of work in the 12 months preceding the requested time off from work.

Eligible Employee:
According to the California Code Regulations, an “eligible employee” is defined as someone who has been employed for a total of at least 12 months with the employer at any time prior to the commencement of a CFRA leave, and has worked for the employer for at least 1,250 hours during the 12-month period immediately prior to the requested leave.

In this case, the employee in question had previously worked as a seasonal employee for the company. The key to understanding their eligibility lies in the phrase “at any time prior” to the leave. This means that any period of employment with the employer, including seasonal work, can be counted towards the 12 months of employment requirement.

Eligibility Criterion:
In order to meet the 12 months of employment requirement, an employee must have worked for the employer for a total of 12 months, regardless of whether those months were consecutive or not. This means that even if the employee had worked for the company in a seasonal capacity for a total of 3 months, they would still meet the 12 months of employment requirement.

Additionally, California law allows an employee to count all periods of employment in the 7 years preceding the requested time off in order to establish eligibility for the leave of absence. This means that even if the employee had worked for the company in a seasonal capacity more than 7 years ago, that period of employment can still be counted towards their eligibility for CFRA leave.

Conclusion:
In this specific case, the employee is eligible for CFRA leave as they have met both the 12 months of employment and 1,250 hours of work criteria. It is important for employers to understand the eligibility criteria for CFRA leave and to ensure that they are following all the correct procedures when an employee requests a leave of absence. For more information on CFRA and other labor laws, please visit www.hrcalifornia.com or call the Labor Law Helpline at (800) 348-2262. 

Share This Article
Leave a comment