An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

2. CFRA Pursuant to the CFRA regulations, an employee shall provide the school with as much advance notice as possible of the date the leave will commence and of the estimated duration of the leave. A school shall not, however, deny leave — the need for which is an emergency or is otherwise unforeseeable — on the basis that the employee did not provide advance notice of the need for the leave. 1212 An employee shall provide at least verbal notice sufficient to inform the school that the employee needs CFRA-qualifying leave and the anticipated timing and duration of the leave. Like under the FMLA, the employee need not specifically assert that he or she wants CFRA leave to meet the notice requirement. If the school needs more information, it should inquire further about whether CFRA leave is being sought by the employee. An employee has an obligation to respond to an employer’s questions designed to determine whether an absence is potentially CFRA-qualifying. The school must then determine whether the leave is CFRA/FMLA-qualifying. 1213 Like under the FMLA, schools may require that employees provide at least 30 days’ advance notice before CFRA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition. The employee must consult with the school regarding the scheduling of any planned medical treatment or supervision so as to minimize disruption. If 30 days’ notice is not practicable (such as because of lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency), notice must be given as soon as practicable. 1214 Faust v. California Portland Cement Company 1215

An employee’s wife communicated to the employer that her husband suffered from “stress.” That statement, along with supporting medical documentation from the employee’s psychiatrist, was sufficient to put the employer on notice of need for FMLA/CFRA leave.

Employees need not specifically request FMLA/CFRA leave or follow any predetermined procedures. Therefore, if an employee reasonably communicates to his or her school that FMLA leave is being requested, the employee has fulfilled his or her obligations under the law. 1216

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An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 282