Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the California Family Rights Act (“CFRA”). Generally, FMLA and CFRA provide 12 weeks of job-protected leave during a 12-month period. Private employers are covered under FMLA if they have employed 50 or more individuals in any 20 workweeks in the current or preceding calendar year. As of January 1, 2021, employers are covered under CFRA if they employ as few as five or more persons.

An employee is eligible for leave under FMLA and CFRA if the employee is:

• Employed for at least 12 months;
• Employed for at least 1,250 hours of service during the 12-month period immediately preceding commencement of the leave; and,
• Under FMLA only, employed at a worksite where the employer employs at least 50 employees within 75 miles. CFRA does not contain the “50 employees within 75 miles” requirement.

Broadly, employees are entitled to protected leave under CFRA and FMLA for:

• Their own serious health condition (unless the disability is due to pregnancy, childbirth, or a related medical condition, in which case the leave is only covered under FMLA);
• To care for a covered family member with a serious health condition;
• Baby bonding time; and,
• A qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner,...

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