California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 11 - California Family Rights Act › Section 11095 - Notice of CFRA Rights and Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers to Post Notice.
Every employer covered by the CFRA is required to post
						and keep posted on its premises, in conspicuous places where employees are
						employed, a notice explaining the Act's provisions and providing information
						concerning the procedures for filing complaints of violations of the Act with
						the Civil Rights Department. The notice must be posted prominently where it can
						be readily seen by employees and applicants for employment. The poster and the
						text must be large enough to be easily read and contain fully legible text.
						Electronic posting is sufficient to meet this posting requirement as long as it
						otherwise meets the requirements of this section. If the employer publishes an
						employee handbook that describes other kinds of personal or disability leaves
						available to its employees, the employer shall include a description of CFRA
						leave in the next edition of its handbook it publishes following adoption of
						these regulations. The employer may include both pregnancy disability leave and
						CFRA leave requirements in a single notice.
(b) Employers to Give Notice.
Employers are also encouraged to give a copy of the
						notice to each current and new employee, ensure that copies are otherwise
						available to each current and new employee, and disseminate the notice in any
						other way.
(c) Non-English
					 Speaking Workforce.
Any employer whose workforce at any facility or
						establishment contains 10 percent or more of persons who speak a language other
						than English as their spoken language shall translate the notice into every
						language that is spoken by at least 10 percent of the
						workforce.
(d) Text of
					 Notice.
The text below contains only the minimum requirements of
						the California Family Rights Act of 1993 and of the employer's obligation to
						provide pregnancy disability leave. Nothing in this notice requirement
						prohibits an employer from providing a leave policy that is more generous than
						that required by CFRA and providing its own notice of its own policy. Covered
						employers may develop their own notice or they may choose to use the text
						provided below, unless it does not accurately reflect their own policy.
FAMILY CARE AND MEDICAL LEAVE AND PREGNANCY
						DISABILITY LEAVE
Under the California Family Rights Act of 1993 (CFRA), if
						you have more than 12 months of service with us and have worked at least 1,250
						hours in the 12-month period before the date you want to begin your leave, and
						if we employ five or more employees, you may have a right to a family care or
						medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month
						period for the birth, adoption, or foster care placement of your child or for
						your own serious health condition or that of your child, parent, parent-in-law,
						grandparent, grandchild, sibling, spouse, domestic partner, or designated
						person. While the law provides only unpaid leave, employees may choose or
						employers may require use of accrued paid leave while taking CFRA leave under
						certain circumstances.
Even if you are not eligible for CFRA leave, if you are
						disabled by pregnancy, childbirth or a related medical condition, you are
						entitled to take a pregnancy disability leave of up to four months, depending
						on your period(s) of actual disability. If you are CFRA eligible, you have
						certain rights to take BOTH a pregnancy disability leave and a CFRA leave for
						reason of the birth of your child. Both leaves contain a guarantee of
						reinstatement - for pregnancy disability it is to the same position and for
						CFRA it is to the same or a comparable position - at the end of the leave,
						subject to any defense allowed under the law.
If possible, you must provide at least 30 days' advance
						notice for foreseeable events (such as the expected birth of a child or a
						planned medical treatment for yourself or of a family member). For events that
						are unforeseeable, we need you to notify us, at least verbally, as soon as you
						learn of the need for the leave. Failure to comply with these notice rules is
						grounds for, and may result in, deferral of the requested leave until you
						comply with this notice policy.
We may require certification from your health care
						provider before allowing you a leave for pregnancy disability or for your own
						serious health condition. We also may require certification from the health
						care provider of your family member who has a serious health condition, before
						allowing you a leave to take care of that family member. When medically
						necessary, leave may be taken on an intermittent or reduced work
						schedule.
If you are taking a leave for the birth, adoption, or
						foster care placement of a child, the basic minimum duration of the leave is
						two weeks, and you must conclude the leave within one year of the birth or
						placement for adoption or foster care.
Taking a family care or pregnancy disability leave may
						impact certain of your benefits and your seniority date. If you want more
						information regarding your eligibility for a leave and/or the impact of the
						leave on your seniority and benefits, please contact
						_________________________.
1.
						Renumbering of former section
						11096 to new section
						11095, including amendment of
						section heading and section, filed 3-4-2015; operative 7-1-2015 (Register 2015,
						No. 10).
2. Amendment of section heading, subsections (a) and (d)
						and NOTE filed 2-27-2019; operative 4-1-2019 (Register 2019, No.
						9).
3. Change without regulatory effect amending section heading,
						section and NOTE filed 12-30-2020 pursuant to section
						100, title 1, California Code of
						Regulations; effective 1-1-2021 (Register 2021, No. 1). (OAL review extended 60
						calendar days pursuant to Executive Order N-40-20.)
4. Editorial
						correction of HISTORY 3 (Register 2021, No. 3).
5. Change without
						regulatory effect amending subsection (d) filed 1-11-2022 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2022, No. 2).
6. Change without regulatory
						effect amending subsections (a) and (d) filed 3-20-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 12).
Note: Authority cited: Section
						  12935,
						  Government Code. Reference: Sections
						  12940,
						  12945 and
						  12945.2,
						  Government Code; Family and Medical Leave Act of 1993,
						  29 U.S.C. §
														2601 et seq.; and
						  29 C.F.R. §
														825.