An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

L. W HAT I S A N E MPLOYEE ’ S S TATUS W HILE O N L EAVE ? Under both the CFRA and FMLA, employees retain “employee” status while on family and medical care leave. The leave does not constitute a break in service for purposes of seniority, under any collective bargaining agreement, or under any employee benefit plan. Benefits must be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began without any new qualification period, physical exam, etc. 1284 M. M ILITARY -R ELATED L EAVES U NDER T HE FMLA 1. Q UALIFYING E XIGENCY L EAVE The FMLA allows for eligible employees to take FMLA leave for any qualifying exigency arising out of the fact that while the employee’s spouse, son, daughter, or parent (the “military member”) is on (or has been notified of an impending call to) “covered active duty” in the Armed Forces. Where the service member is a member of a regular component of the Armed Forces, “covered active duty” is during the military member’s deployment to a foreign country. If the military member is in the National Guard or Reserves, “covered active duty” means duty during the military member’s deployment to a foreign country under a call or order to active duty in a contingency operation. 1285 The enumerated qualifying exigencies are as follows:  Short-notice deployment  To address any issue that arises from the fact that the military member is notified of an impending call or order to covered active duty seven or less calendar days prior to the date of deployment. Leave taken for this purpose can be used for a period of seven calendar days beginning on the date the military member is notified of an impending call or order to covered active duty.  Military events and related activities

 To attend any official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty status of the military member. To attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status of the military member;  Childcare and school activities  For the purposes of leave for childcare and school activities listed in (i) through (iv) of this paragraph, a child of the military member must be the military member's biological, adopted, or foster child, stepchild, legal ward, or child for whom the military member stands in loco parentis, who is either under 18 years of age or 18 years of age or older and

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