An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

2. CFRA a. Leave May Be Taken For The Serious Health Condition Of A Domestic Partner The California Domestic Partner Rights and Responsibilities Act extended most of the same rights, responsibilities, and benefits to registered domestic partners as those couples who are legally married. 1183 Under amended CFRA regulations, registered domestic partners are included in the definition of “spouse” and are entitled to CFRA leave. However, because leave to care for a registered domestic partner with a serious health condition is only available under the CFRA, an employee may be entitled to take 12 weeks of CFRA leave to care for a registered domestic partner and another 12 weeks of FMLA leave for another qualifying reason (e.g. the employee’s own serious health condition). 1184 However, a school is not required to provide health benefits for more than 12 workweeks in a 12-month period (unless the benefits are for an employee taking leave for pregnancy disability). 1185 In addition, the employee will still have to satisfy the eligibility requirements (having worked 1,250 hours within a 12-month period) to take the FMLA leave. Care for a Registered b. Relationship Between CFRA Leave And California Pregnancy Disability Leave Unlike the FMLA, the CFRA does not include pregnancy or related medical conditions within the definition of “serious health condition.” 1186 This is perhaps the most significant difference between the FMLA and the CFRA. The result is that if a woman’s pregnancy precludes her from performing her job (i.e., her absence from work is medically necessary because she is disabled by pregnancy), she is entitled to FMLA leave and pregnancy disability leave (PDL), but not CFRA leave. Thus, in this situation a woman may be on FMLA leave, but not CFRA leave. If a woman is on PDL/FMLA leave, CFRA bonding leave may, but need not, commence once the child is born. When the child is born, the woman has a choice of either continuing on pregnancy disability leave until the disability period ends and then beginning CFRA bonding leave, or commencing CFRA bonding leave immediately. CFRA bonding leave need not be taken right after the baby is born. However, it must be concluded within one year of the child’s birth. 1187 The effect of this distinction is that both schools and employees need to decide whether a female employee’s PDL will run simultaneously with FMLA leave. A school has the right to designate PDL as FMLA leave. Similarly, the employee has the right to take FMLA leave for disability associated with pregnancy. In addition, if an employee only requests FMLA leave because of disability due to pregnancy, that leave runs against her California PDL rights. 1188 Domestic Partner with a Serious Health Condition Employee’s Own Serious Health Condition Health Care CFRA CFRA/FMLA Job Protected CFRA CFRA/FMLA 12 Weeks 12 Weeks

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 276