California Family Rights Act & New Parent Leave Act
The California Family Rights Act (CFRA) provides up to 12 weeks of unpaid leave to eligible employees to bond with a new child or to care for themselves or a family member with a serious health condition. Employees who have worked for their employer for at least 1,250 hours and at least 12 months, and work for an employer with at least 50 employees in a 75-mile radius, are eligible to utilize CFRA leave, provided they have a qualifying reason.
CFRA leave can be continuous or intermittent. An employee utilizing this type of leave has certain job protection and benefits continuation rights for the duration of their leave.
Effective January 1, 2018, the New Parent Leave Act (NPLA) helped to widen the scope of the CFRA, allowing eligible employees, working at companies with 20 to 49 employees in a 75-mile radius, up to 12 weeks of unpaid leave to bond with a new child. Employees who have worked for an eligible employer for at least 1,250 hours at at least 12 months may utilize NPLA leave during the first 12 months after the birth, adoption, or foster placement of the child.
This pamphlet contains information on both the CFRA and NPLA, and is provided to new California employees of Justworks customers automatically upon hire
Pregnancy Disability Leave Law
California’s Pregnancy Disability Leave (PDL) Law allows eligible employees to take up to 4 months of leave for any physical or mental disability related to pregnancy or childbirth. Such a disability must be substantiated by a medical professional. Employees are eligible upon their date of hire if they work for an employer with 5 or more employees.
PDL is itself unpaid. However, individuals who qualify for PDL also typically qualify for California Disability Insurance (DI) during that same period. PDL provides certain job protection and benefits continuation rights for the duration of their leave, while DI provides at least partial wage replacement.
Neither CFRA nor NPLA include pregnancy as a qualifying reason to utilize leave. However, once a pregnant employee has exhausted PDL, they may be eligible to take either CFRA or NPLA leave for purposes of bonding with their new child.
You can find additional information on California’s PDL Law here.
California’s Department of Fair Employment and Housing (DFEH) has also created this helpful chart comparing requirements under CFRA, NPLA, PDL, and the federal Family and Medical Leave Act (FMLA).
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.