PHRCA Leaves of Absence and Benefits Questions and Answers — Questions and Answers
Question 1: An employee works for a company in California with 25 employees. The employee has worked for the company for 18 months and has accumulated over 1,500 hours in the past 12 months. The employee's sibling has a serious health condition, and the employee needs to take time off to provide care. Under the California Family Rights Act (CFRA), which of the following is true?
- The employee is not eligible for CFRA leave because the family member is a sibling.
- The employee is eligible for up to 12 weeks of job-protected leave to care for their sibling. (Correct answer)
- The employee is only eligible for CFRA leave if the employer has 50 or more employees.
- The employee can take the leave, but it will run concurrently with federal FMLA, limiting future leave options.
Correct answer: The employee is eligible for up to 12 weeks of job-protected leave to care for their sibling.
As of January 1, 2021, the California Family Rights Act (CFRA) was expanded to cover employers with five or more employees. It also expanded the definition of 'family member' to include siblings, grandparents, grandchildren, and domestic partners. Therefore, an eligible employee can take up to 12 weeks of job-protected leave to care for a sibling with a serious health condition.
Question 2: An employee in California is eligible for Paid Family Leave (PFL) benefits to bond with a new child. Which statement accurately describes the PFL program?
- PFL provides 12 weeks of full wage replacement and guarantees job protection.
- PFL is an unpaid leave benefit that runs concurrently with CFRA.
- PFL provides up to 8 weeks of partial wage replacement but does not, by itself, provide job protection. (Correct answer)
- PFL claims are subject to a seven-day, unpaid waiting period before benefits begin.
Correct answer: PFL provides up to 8 weeks of partial wage replacement but does not, by itself, provide job protection.
California's Paid Family Leave (PFL) program provides partial wage replacement (approximately 60-70% of earnings, up to a maximum) for up to 8 weeks to bond with a new child or care for a seriously ill family member. PFL is a wage replacement benefit and does not provide job protection; job protection is typically provided by concurrent leaves like FMLA and CFRA. Effective January 1, 2025, the seven-day waiting period for PFL claims was eliminated.
Question 3: Under California's Kin Care law, an eligible employee who has accrued 48 hours of paid sick leave for the year is entitled to use how much of that leave to care for a sick family member?
- The entire 48 hours.
- Up to three days, as designated by the employer.
- Up to 24 hours. (Correct answer)
- None, as sick leave is only for the employee's own illness.
Correct answer: Up to 24 hours.
California's Kin Care law (Labor Code section 233) allows an employee to use up to half of their annual accrued sick leave to care for a family member. In this scenario, with 48 hours (or 6 days) accrued, the employee has the right to use up to 24 of those hours for Kin Care purposes. The employer cannot deny this request if the employee has the accrued time available.
Question 4: An employee of a company with 150 employees in California is pregnant. She takes 4 months of job-protected Pregnancy Disability Leave (PDL) due to a pregnancy-related disability. Once she is no longer disabled and has given birth, how much additional job-protected leave is she entitled to under the California Family Rights Act (CFRA) for baby bonding?
- None, as her leave entitlement was exhausted under PDL.
- The remainder of her 12-week FMLA entitlement.
- Up to 12 additional weeks of CFRA leave. (Correct answer)
- Up to 8 weeks, which must run concurrently with Paid Family Leave.
Correct answer: Up to 12 additional weeks of CFRA leave.
In California, Pregnancy Disability Leave (PDL) and California Family Rights Act (CFRA) leave are separate entitlements. PDL provides up to 4 months of leave for the period an employee is disabled by pregnancy, childbirth, or a related medical condition. CFRA provides up to 12 weeks of leave for baby bonding. Importantly, PDL does not run concurrently with CFRA. Therefore, an eligible employee can take up to 4 months of PDL and then take an additional 12 weeks of CFRA leave for baby bonding.
Question 5: Which of the following is a valid reason for an employee to use California's mandatory Paid Sick Leave?
- To attend a professional development seminar.
- For the diagnosis, care, or treatment of an existing health condition for the employee's grandchild. (Correct answer)
- To take a pre-planned, two-week vacation.
- To extend a holiday weekend by one day.
Correct answer: For the diagnosis, care, or treatment of an existing health condition for the employee's grandchild.
California's Paid Sick Leave law allows employees to take time off for their own illness or preventive care, or for the illness or preventive care of a covered family member. The definition of 'family member' includes a child, parent, spouse, registered domestic partner, grandparent, grandchild, and sibling. The other options are not permissible uses for protected paid sick leave under this law.
Question 6: An employer with 30 employees in California must provide an employee time off if they are a victim of a crime. Which of the following is true regarding this type of leave?
- The leave is paid by the employer for up to 10 business days.
- The employer is only required to provide this leave if the crime occurred at the workplace.
- The employee can take unpaid time off to appear in court to obtain a restraining order. (Correct answer)
- This leave is only available to victims of domestic violence and not other crimes.
Correct answer: The employee can take unpaid time off to appear in court to obtain a restraining order.
California law requires all employers, regardless of size, to provide unpaid time off for employees who are victims of certain crimes, including domestic violence, sexual assault, and stalking, to attend judicial proceedings or seek medical/psychological treatment. This includes time needed to obtain a restraining order. While the leave is generally unpaid, an employee may elect to use accrued paid time off, including paid sick leave. The protection is not limited to crimes occurring at the workplace.
PHRCA Leaves of Absence and Benefits Questions and Answers
An employee works for a company in California with 25 employees.
The employee has worked for the company for 18 months and has accumulated over 1,500 hours in the past 12 months.
The employee's sibling has a serious health condition, and the employee needs to take time off to provide care.
Under the California Family Rights Act (CFRA), which of the following is true?