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FMLA and CFRA California

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  • FMLA and CFRA California

    Can someone please clarify what these two required leaves (FMLA and CFRA)are? I tried reading about this in the DOL website, but it's unclear whether the required leaves apply to ANY employer, or only employers with 50+ employees within 75-mile radius?

    We have about a dozen employees at our one location- and one of our employees has been out sick for over a month- produced doctor's notes, sometimes called in, sometimes didn't- and we don't know if the required federal and state leaves apply to him. We are a fairly small company and the absence of one employee is a huge detriment to everyone else at the company (people have to pick up the slack). Are we required by law to hold his position open when he decides to return to work?

  • #2
    FMLA only applies to employers with 50 or more employees. If you only have a dozen employees, FMLA does not apply.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      federal FMLA: Employers of 50 or more Employees (within a 75-mile radius) in at least 20 weeks of the current or preceding year.

      Ca. Family Rights Act (CFRA): Anyone who directly employs 50 or more Employees.
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