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What is it?

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) of 1993 require the District to provide, within a 12-month period, up to 12 weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons, as well as for military exigencies.
 
The Family Medical Leave Act (FMLA) is the federally mandated program administered by the Employment Standards Administration’s Wage and Hour Division within the U. S. Department of Labor, that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.  
 
The California Family Rights Act (CFRA) is the state mandated program administered by the Fair Employment and Housing Act enforced by the Department of Fair Employment and Housing (DFEH) that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage. 

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Who is eligible?

Only eligible employees are entitled to take leave under FMLA and/or CFRA. An eligible employee is one who:

• Works for a covered employer;
• Has worked for the employer for at least 12 months;
• Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and
• Works at a location where the employer has at least 50 employees within 75 miles.

* FT Faculty who have been employed by the District for a total of at least fifty-two (52) weeks, whether or not those weeks were consecutive, and who were employed at more than 67% load during the past year, are eligible for FMLA. (Reference:  AFT 2121/SFCCD CBA Article 17.H – FMLA)

PT Faculty are ineligible for leave under FMLA/CFRA.  However, they may have certain reemployment preferences under the AFT 2121/ SFCCD CBA Article 13-1.G, and be eligible for District-paid and medical and dental benefits pursuant to Article 21.B.1.4

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How Long is the FMLA / CFRA entitlement?

FMLA and CFRA provide up to 12 workweeks of unpaid, job-protected leave within a rolling 12-month period. If the leave is taken intermittently, or as a part-time schedule, the entitlement is converted to an equivalent number of work hours. Full-time employees may take up to 480 hours of protected leave (based on a 40-hour workweek).
FMLA and CFRA leaves generally run concurrently.

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Qualifying Reasons

Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following qualifying reasons:

• The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
• To care for a spouse, son, daughter, or parent who has a serious health condition;
• For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
• For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
• An eligible employee may also take up to 26 workweeks of leave during a "single 12-month period" to care for a covered service member with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the service member. The "single 12-month period" for military caregiver leave is different from the 12-month period used for other FMLA leave reasons.

 
Intermittent or Reduced Schedule

Under some circumstances, employees may take FMLA/CFRA leave on an intermittent or reduced schedule basis. That means an employee may take leave in separate blocks of time or by reducing the time he or she works each day or week for a single qualifying reason. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operations. If FMLA/CFRA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval.

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Is FMLA / CFRA paid?

FMLA/CFRA is an unpaid leave.

However, under certain conditions, employees may choose, or employers may require employees, to "substitute" (run concurrently) accrued paid leave, such as sick or vacation leave, to cover some or all of the FMLA / CFRA leave period.
An employee’s ability to substitute accrued paid leave is determined by the terms and conditions of the employer's normal leave policy and/or MOUs.

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How do I request leave under FMLA / CFRA?

To request leave for an employee’s own serious health condition, complete and return a LEAVE REQUEST FORM and FMLA CERTIFICATION OF HEALTH CARE PROVIDER forms to a designated human resources representative.