CHA News Article

Amended CFRA Regulations Go Into Effect July 1
DOL issues new FMLA forms and notices

After months of public comment and revisions, the Fair Employment and Housing Council adopted significant amendments to its California Family Rights Act (CFRA) regulations this spring. The amendments become effective July 1.

Although the amendments make no drastic changes to the administration of leaves under the CFRA, several provisions will require employers to revisit and update policies and procedures. For the most part, the amendments clarify areas of confusion and achieve greater alignment with the Family and Medical Leave Act (FMLA) regulations. Some notable changes and/or clarifications include a new joint employment test and determining the worksite for employees jointly employed, mid-leave eligibility, the definition of inpatient care, reinstatement guarantee, fitness for duty upon return to work, medical certifications and intermittent leave.

On a related note, the Department of Labor (DOL) recently issued new model FMLA notices and medical certification forms. Aside from the new, extended expiration date, the one noteworthy change is that many of the forms now include disclosure language acknowledging the obligations of employers and health care providers under the Genetic Information Nondiscrimination Act. California employers, however, should consult with counsel before utilizing the DOL form as it includes a provision seeking information about an employee’s medical condition. Such inquiries are not permitted under California law.