PHRca CA Leaves and Benefits 5 — Questions and Answers
Question 1: When CFRA and FMLA run concurrently, which of the following is a key difference that applies only under CFRA?
- CFRA covers care for a parent-in-law as a qualifying family member (Correct answer)
- CFRA applies only after 24 months of employment
- CFRA does not require maintenance of group health benefits during leave
- CFRA requires a 14-day waiting period before leave begins
Correct answer: CFRA covers care for a parent-in-law as a qualifying family member
CFRA includes parents-in-law as qualifying family members for leave to care for a serious health condition, whereas federal FMLA does not.
Question 2: An employee returns from CFRA leave. The employer discovers the position was eliminated in a legitimate reorganization. What is the employer's obligation?
- Reinstate the employee to any available equivalent position (Correct answer)
- Pay the employee severance equivalent to 12 weeks of wages
- The employer has no obligation since the position was eliminated
- Place the employee on a 30-day job search assistance program at company expense
Correct answer: Reinstate the employee to any available equivalent position
Upon return from CFRA, an employer must reinstate the employee to the same or a comparable position; the elimination of a position does not automatically extinguish this duty if an equivalent role exists.
Question 3: Under California's New Parent Leave Act (now merged into CFRA via SB 1383), which employer size was originally covered before the 2021 expansion?
- Employers with 5–19 employees
- Employers with 20–49 employees (Correct answer)
- Employers with 50–99 employees
- Employers with 100 or more employees
Correct answer: Employers with 20–49 employees
The New Parent Leave Act (2018) covered employers with 20–49 employees, filling the gap between small employers and those already covered by CFRA (50+); SB 1383 later extended CFRA to 5+ employees.
Question 4: A California employee exhausts all PDL and CFRA leave but requests additional leave as an accommodation for a pregnancy-related disability. Under FEHA, the employer must:
- Deny the request because statutory leave entitlements are exhausted
- Engage in an interactive process to determine if additional leave is a reasonable accommodation (Correct answer)
- Immediately terminate the employee to fill the business need
- Refer the matter to the state EDD for a determination
Correct answer: Engage in an interactive process to determine if additional leave is a reasonable accommodation
Even after statutory leave is exhausted, California's FEHA requires employers to engage in the interactive process to evaluate whether additional leave is a reasonable accommodation for a disability.
Question 5: Which of the following correctly describes the relationship between California Paid Family Leave (PFL) and job protection?
- PFL provides both wage replacement and independent job protection
- PFL provides wage replacement but does not itself guarantee job protection (Correct answer)
- PFL provides job protection but no wage replacement
- PFL guarantees job protection only for employers with 50+ employees
Correct answer: PFL provides wage replacement but does not itself guarantee job protection
PFL is an insurance wage-replacement program administered by EDD; job protection during PFL leave must come from CFRA, FMLA, or another law—PFL itself does not guarantee reinstatement.
Question 6: Under SB 1383/CFRA, an employee may take up to 12 weeks of leave to care for a grandparent, grandchild, sibling, or parent-in-law with a serious health condition. This expansion became effective:
- January 1, 2019
- January 1, 2021 (Correct answer)
- July 1, 2020
- January 1, 2023
Correct answer: January 1, 2021
SB 1383, which expanded both the employer coverage threshold and the list of qualifying family members, became effective January 1, 2021.
Question 7: A California employer requires employees to use accrued vacation concurrently with CFRA leave. The employee refuses, arguing CFRA leave should be unpaid. Which statement is correct?
- The employer may require use of accrued vacation concurrent with CFRA leave (Correct answer)
- The employee may choose whether to use or preserve accrued vacation during CFRA
- CFRA prohibits any concurrent use of accrued vacation
- Only accrued sick leave, not vacation, may run concurrently with CFRA
Correct answer: The employer may require use of accrued vacation concurrent with CFRA leave
California regulations permit employers to require employees to use accrued vacation or paid time off concurrently with CFRA leave, similar to federal FMLA.
PHRca CA Leaves and Benefits 5
When CFRA and FMLA run concurrently, which of the following is a key difference that applies only under CFRA?