Within five days of receiving all required information, a California employer needs to determine whether a leave is covered by the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or both, and must provide written notice to the employee designating the leave as FMLA/CFRA-covered leave or not.
The leave may be designated retroactively to the first day of the employee's absence for the FMLA/CFRA-qualifying condition. You must also provide an explanation of the employee's rights and responsibilities while on leave, and you must provide a guarantee (in writing if the employee requests it) that the employee will be reinstated in the same or an equivalent position.
If you deny the employee's request for FMLA/CFRA leave, you must provide at least one reason for such denial.
You do not have to pay an employee while on FMLA/CFRA leave. An employee may elect to use, or you may require an employee to use, accrued vacation or paid time off (PTO), other than accrued sick leave, during the unpaid portion of an FMLA/CFRA leave. An employee may also elect to use, or you may require an employee to use, any accrued sick leave during the unpaid portion of an FMLA/CFRA leave if the leave is for the employee's own serious health condition.
If an employee is receiving a partial wage replacement benefit during the FMLA/CFRA leave, such as state disability benefits, you and the employee may agree to have vacation, PTO or paid sick leave supplement the partial wage...
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