PHRca Leaves of Absence and Benefits 5 — Questions and Answers
Question 1: An employee needs intermittent CFRA leave for a chronic condition that causes unpredictable flare-ups. What advance notice standard applies?
- At least 30 days written notice before each absence
- Notice as soon as practicable given the nature of the condition (Correct answer)
- Physician-to-employer direct contact for each episode
- At least 7 days notice before each intermittent leave episode
Correct answer: Notice as soon as practicable given the nature of the condition
When intermittent leave is unforeseeable, the employee must give notice as soon as practicable — often the same day or the next day — rather than a fixed advance notice period.
Question 2: Under CFRA as amended by SB 1383, which expanded list of family members can an employee take leave to care for?
- Spouse, child, and parent only (same as federal FMLA)
- Spouse, child, parent, grandparent, grandchild, sibling, and domestic partner (Correct answer)
- Any person related by blood or marriage, including in-laws
- Spouse or domestic partner and children only
Correct answer: Spouse, child, parent, grandparent, grandchild, sibling, and domestic partner
SB 1383 (effective 2021) broadened CFRA's covered family members to include grandparents, grandchildren, siblings, and domestic partners — going significantly further than federal FMLA.
Question 3: Under USERRA, how promptly must an employer reinstate an employee returning from military service of 30 days or fewer?
- Within 30 days of the employee's application for reemployment
- Within 14 days of return
- On the first full regularly scheduled work period following return and an 8-hour rest period (Correct answer)
- Within 5 business days of the employee's written request
Correct answer: On the first full regularly scheduled work period following return and an 8-hour rest period
USERRA requires that employees returning from 30 days or less of military service be promptly reemployed on their next scheduled work period after returning home and having at least 8 hours of rest.
Question 4: An employee exhausts all CFRA/PDL leave entitlement but remains unable to return due to a disability. Under FEHA, what must the employer do?
- Immediately begin termination proceedings once statutory leave is exhausted
- Engage in a timely, good-faith interactive process to determine whether additional leave is a reasonable accommodation (Correct answer)
- Automatically grant 30 more days of leave as a mandatory FEHA extension
- Grant leave only if the employee's physician certifies a specific return date
Correct answer: Engage in a timely, good-faith interactive process to determine whether additional leave is a reasonable accommodation
FEHA requires the employer to engage in the interactive process to explore whether extended leave constitutes a reasonable accommodation, even after CFRA/PDL entitlement is exhausted.
Question 5: What is the maximum duration of California State Disability Insurance (SDI) benefits for a single disability claim?
- 12 weeks
- 26 weeks
- 52 weeks (Correct answer)
- 104 weeks
Correct answer: 52 weeks
California SDI provides benefits for up to 52 weeks (one year) for a single disability, replacing a portion of wages lost due to non-work-related illness, injury, or pregnancy.
Question 6: Which of the following employees is NOT eligible for CFRA leave?
- An employee at a 10-person company who has worked there 11 months and logged 1,100 hours in that period (Correct answer)
- A part-time employee at a 7-person company who has worked 1,260 hours over the past 12 months and been employed 14 months
- A full-time employee at a 30-person company who has worked 1,300 hours in the past 12 months and been employed 15 months
- A part-time employee at a 6-person company who has worked exactly 1,250 hours in the past 12 months and been employed 13 months
Correct answer: An employee at a 10-person company who has worked there 11 months and logged 1,100 hours in that period
CFRA requires 12 months of employment AND 1,250 hours worked in the prior 12 months; this employee fails both thresholds (only 11 months employed, only 1,100 hours).
Question 7: Effective July 1, 2020, what is the maximum number of weeks of California PFL benefits an individual may receive in a rolling 12-month period?
- 4 weeks
- 6 weeks
- 8 weeks (Correct answer)
- 12 weeks
Correct answer: 8 weeks
California expanded PFL from 6 to 8 weeks of benefits per 12-month period effective July 1, 2020, covering bonding with a new child or caring for a seriously ill family member.
PHRca Leaves of Absence and Benefits 5
An employee needs intermittent CFRA leave for a chronic condition that causes unpredictable flare-ups.
What advance notice standard applies?