District employees are eligible for benefits under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) pursuant to state and federal law or District policy. Leaves of absence will run concurrently with FMLA or CFRA when applicable.
Family and Medical Leave Act (FMLA)
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; to care for the employee’s spouse, child, or parent who has a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of his or her job; any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
California Family Rights Act (CFRA)
The Fair Employment and Housing Act (FEHA), enforced by the Department of Fair Employment and Housing (DFEH), contains family care and medical leave provisions for California employees. These leave provisions are known as the California Family Rights Act (CFRA).
To be eligible for CFRA leave, an employee must:
- Have more than 12 months of service with CCSD and have worked at least 1,250 hours for CCSD in the 12-month period before the leave begins.*
- An eligible employee may take an unpaid leave to bond with an adopted or foster child or to bond with a newborn.
- An eligible employee may take unpaid leave to care for a parent, registered domestic partner, or child with a serious health condition. CFRA leave may also be taken for the employee’s own serious health condition.
- Full-time employees may take leave of up to 12 work weeks in a 12-month period.
- Part-time employees may take leave on a proportional basis. The leave does not need to be taken in one continuous period of time.
Salary and Benefits during CFRA Leave
Employers are not required to pay employees during a CFRA leave. An employer may require an employee to use accrued vacation time or other accumulated paid leave other than sick time. If the CFRA leave is for the employee’s own serious health condition, the use of sick time can be required.
If the employer provides health benefits under a group plan, the employer must continue to make these benefits available during the leave. Similarly, the employee is entitled to continue accruing seniority and participate in other benefit plans.