An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

A. W HICH S CHOOLS A RE C OVERED B Y T HE A CTS ?

1. FMLA All private elementary and secondary schools are covered employers under the FMLA. 1110 Although other employers must employ 50 or more employees to be covered employers, that is not the case for public or private schools. 1111 As covered employers, private schools must post the general FMLA notice even if the school does not employ enough employees to entitle the employees to FMLA leave. 2. CFRA The CFRA is identical to the FMLA with regard to covered employers. 1112 However, the California Parent Leave Act, which went into effect on January 1, 2018, extends the CFRA’s protections for parental leave to bond with a new child to all employers with at least 20 employees. 1113 This new law is further discussed in Section 5 of this chapter. B. W HICH E MPLOYEES A RE E LIGIBLE F OR L EAVE ? 1. FMLA Though all private schools are covered by the FMLA, not all employees are eligible for the leave. An employee is eligible for FMLA leave if the employee:  Has been employed for at least 12 months;  Has actually worked at least 1,250 hours of service during the 12-month a. Calculation Of The 12 Months The 12 months an employee must have been employed by the school need not be consecutive. However, a school is not required to count service which occurred before a continuous seven- year break in service, except in two circumstances. 1115 First, if the employee’s break in service is a result of the fulfillment of his or her National Guard or Reserve military obligation. Second, if a written agreement, including a collective bargaining agreement exists concerning the school’s intention to rehire the employee after the break in service. 1116 If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave during which other benefits or compensation are provided by the school (e.g., workers’ compensation, group health benefits, etc.), the week counts as a week of employment. 1117 For purposes of determining whether intermittent employment qualifies as “at least 12 months,” 52 weeks is deemed to equal 12 months. 1118 period immediately preceding the commencement of the leave; and  Is employed at a work site where the employer employs at least 50 employees within 75 miles of that work site. 1114

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 265