PHRca Leaves of Absence and Benefits 2 — Questions and Answers
Question 1: Under CFRA (as amended by SB 1383), within what timeframe must an employee use baby bonding leave after a child's birth, adoption, or foster placement?
- Within 6 months of the qualifying event
- Within 12 months of the qualifying event (Correct answer)
- Immediately following Pregnancy Disability Leave
- Within 90 days of the qualifying event
Correct answer: Within 12 months of the qualifying event
CFRA allows up to 12 weeks of baby bonding leave to be taken anytime within 12 months of the child's birth, adoption, or foster care placement.
Question 2: As of January 1, 2018, what is the SDI waiting period before benefits begin for a new disability claim in California?
- 7 calendar days
- 14 calendar days
- 3 business days
- No waiting period — benefits begin on the first day of disability (Correct answer)
Correct answer: No waiting period — benefits begin on the first day of disability
California eliminated the 7-day SDI waiting period effective January 1, 2018, so SDI benefits now begin on the first compensable day of disability.
Question 3: What is the maximum duration of Pregnancy Disability Leave (PDL) in California?
- 6 weeks
- 12 weeks
- 4 months (approximately 17⅓ weeks) (Correct answer)
- 6 months
Correct answer: 4 months (approximately 17⅓ weeks)
PDL entitles eligible employees to up to 4 months (17⅓ weeks) of leave for disability related to pregnancy, childbirth, or a related medical condition.
Question 4: Since January 1, 2021, CFRA applies to employers with how many employees?
- 50 or more employees
- 25 or more employees
- 15 or more employees
- 5 or more employees (Correct answer)
Correct answer: 5 or more employees
SB 1383 expanded CFRA to cover employers with 5 or more employees, a dramatic reduction from the prior 50-employee threshold that matched federal FMLA.
Question 5: Under California's PFL program, what wage replacement rate applies to lower-wage workers (those earning less than one-third of the statewide average weekly wage)?
- 55% of wages
- 60% of wages
- 70% of wages
- Up to 90% of wages (Correct answer)
Correct answer: Up to 90% of wages
California PFL uses a tiered wage replacement formula — up to 90% for lower-wage workers, and 60–70% for higher earners, as established by SB 951.
Question 6: Under California Labor Code Section 230.8, how much leave per year may a parent take for school activities, and what is the monthly cap?
- 16 hours per year, up to 4 hours per month
- 24 hours per year, up to 8 hours per month
- 40 hours per year, up to 8 hours per month (Correct answer)
- 80 hours per year, no monthly cap
Correct answer: 40 hours per year, up to 8 hours per month
Labor Code Section 230.8 permits up to 40 hours per year (no more than 8 hours per calendar month) for parents at employers with 25+ employees to participate in school activities.
Question 7: Under California Labor Code Section 1510, how much paid leave must employers with 15+ employees provide for organ and bone marrow donation?
- 5 business days for bone marrow; 30 business days for organ donation (Correct answer)
- 3 days for bone marrow; 15 days for organ donation
- 10 days for both bone marrow and organ donation
- No paid leave is required; only unpaid leave
Correct answer: 5 business days for bone marrow; 30 business days for organ donation
Labor Code Section 1510 requires covered employers to provide up to 5 business days paid leave for bone marrow donation and up to 30 business days for organ donation.
PHRca Leaves of Absence and Benefits 2
Under CFRA (as amended by SB 1383), within what timeframe must an employee use baby bonding leave after a child's birth, adoption, or foster placement?