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Difference between revisions of "How Families First Coronavirus Response Act Interacts with Family and Medical Leave Act & California Family Rights Act"

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Emergency family leave is a new type of leave under the U.S. Family and Medical Leave Act. It is not intended to provide additional weeks of leave. An employee who has used 12 weeks of leave under the FMLA is not able to add more by reasoning that a coronavirus-related emergency entitles him or her to take emergency family leave.
  
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Emergency Family Leave is a new leave reason under the FMLA, and is not intended to provide additional weeks of leave. An employee who has already used 12 weeks of leave under the FMLA is not able to use Emergency Family Leave.
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The qualifying reason for leave –– to care for an employee’s child whose school or child care provider is closed or unavailable for reasons related to COVID-19 –– does not apply under the California Family Rights Act (CFRA). So leave taken pursuant to emergency family leave may not run concurrently with CFRA. An employee may use 12 weeks of emergency family leave and still have 12 weeks of CFRA leave available.
  
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The qualifying reason for leave – to care for an employee’s child whose school or childcare provider is closed or unavailable for reasons related to COVID-19 – is not a qualifying reason under the California Family Rights Act (CFRA).  Therefore, leave taken pursuant to Emergency Family Leave cannot be run concurrently with CFRA and an employee can use 12 weeks of Emergency Family Leave and still have 12 weeks of CFRA leave available.
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The Families First Coronavirus Response Act makes clear that its paid leave provisions are in addition to other leave available to employees. Employers should be mindful that:
  
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The FFCRA makes clear that the paid leave provisions required under the Act are in addition to existing leave available to employees. Employers should track other leaves available in tandem with the FFCRA including:
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<li>Leave under the FMLA runs concurrently with the Emergency Family and Medical Leave Expansion Act.</li>
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<li>Leave under the CFRA runs consecutively with the Emergency Family and Medical Leave Expansion Act</li>
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·        FMLA – Concurrent with EFMLEA.
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Other subsections discuss how the FMLA and CFRA apply to COVID-19 issues.
  
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·        CFRA – Consecutive with EFMLEA.
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==See Also==
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See discussion below related to FMLA and CFRA as applied to COVID-19 issues.
 
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==SEE ALSO==
 
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*[[Navigating_COVID-19:_A_Guide_For_California_Employers|Other sections in this book]]
 
  
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* [[Families First Coronavirus Response Act]]
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* [[FAQs — Families First Coronavirus Response Act]]
  
 
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! [[FAQs — Families First Coronavirus Response Act|< FAQs — Families First Coronavirus Response Act]] !! [[Navigating COVID-19: A Legal Guide For California Employers|Table of Contents]] !! [[State, County and City Orders Applicable to Large Employers| State, County and City Orders Applicable to Large Employers >]]
 
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Latest revision as of 21:17, 15 April 2022

< Previous Table of Contents Next >


Emergency family leave is a new type of leave under the U.S. Family and Medical Leave Act. It is not intended to provide additional weeks of leave. An employee who has used 12 weeks of leave under the FMLA is not able to add more by reasoning that a coronavirus-related emergency entitles him or her to take emergency family leave.

The qualifying reason for leave –– to care for an employee’s child whose school or child care provider is closed or unavailable for reasons related to COVID-19 –– does not apply under the California Family Rights Act (CFRA). So leave taken pursuant to emergency family leave may not run concurrently with CFRA. An employee may use 12 weeks of emergency family leave and still have 12 weeks of CFRA leave available.

The Families First Coronavirus Response Act makes clear that its paid leave provisions are in addition to other leave available to employees. Employers should be mindful that:

  • Leave under the FMLA runs concurrently with the Emergency Family and Medical Leave Expansion Act.
  • Leave under the CFRA runs consecutively with the Emergency Family and Medical Leave Expansion Act

Other subsections discuss how the FMLA and CFRA apply to COVID-19 issues.

See Also


< FAQs — Families First Coronavirus Response Act Table of Contents State, County and City Orders Applicable to Large Employers >
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