5-838: Family Medical Leave Act (FMLA)/California Family Rights Act (CRFA)

Information on Military Leave under FMLA/CFRA can be found on the Military Leave Under FMLA/CFRA Page​.

Purpose

To define and implement the policy to be followed with respect to administration of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and Sacramento County Code Section 2.78. 

Authority 

• ​Family and Medical Leave Act 
• California Family Rights Act
• Sacramento County Code – Section 2.78 

Scope

FMLA and CFRA ensure paid or unpaid time off for certain family care or medical care. FMLA is enforced by the U.S. Department of Labor. CFRA is state law that is enforced by the California Civil Rights Department. Leave issues related to military service members are covered under a separate section in this policy. To the extent that there are any inconsistencies between this policy and existing memoranda of understanding covering employees in any representation unit created pursuant to Chapter 2.79 of the Sacramento Code, the provisions of the memoranda of understanding shall prevail.

Definitions 

Eligible Family Members 

Child: A biological child, adopted child, foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of child is applicable regardless of age or dependency status. Covered under both FMLA and CFRA. Child also includes the child of a Registered Domestic Partner, and if you do/did not stand in loco parentis, then their caregiving is covered under CFRA only. 

In Loco Parentis: A person acting in loco parentis has or had day-to-day responsibilities to care for and financially or emotionally support a child. Covered under both FMLA and CFRA. 

Parent: A biological parent, foster parent, adoptive parent, stepparent, or a legal guardian of an employee or registered domestic partner, or a person who stood in loco parentis to an employee when the employee was a minor child. A biological or legal relationship is not necessary. Parent also includes a parent that is a Registered Domestic Partner. If the Registered Domestic Partner parent did not stand in loco parentis to the employees, then they are covered under CFRA only. Parent-in-laws (the parent of a spouse or domestic partner) are covered under CFRA only. All other parents are covered under both FMLA and CFRA. 

Spouse: An individual to whom the employee is legally married as defined by state law. It does not include a Registered Domestic Partner. Covered under both FMLA and CFRA. 

Registered Domestic Partner (RDP): Two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, have satisfied eligibility criteria according to California Family Code Section 297, and further have filed a Declaration of Domestic Partnership with the California Secretary of State. RDP’s are covered under CFRA only. 

Sibling: A person related to another person by blood, adoption, or affinity through a common legal or biological parent. Siblings are covered under CFRA only. 

Grandchild: A child of the employee’s child (see prior definition of child). Grandchildren are covered under CFRA only. 

Grandparent: A parent of the employee’s parent (see prior definition of parent). Grandparents are covered under CFRA only. 

Designated Person: Any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. Employees may only have one designated person per 12-month period. Designated persons are covered under CFRA only. 

Health Care Provider 

A “health care provider” may be a physician, surgeon, nurse practitioner, nurse midwife, podiatrist, dentist, clinical psychologist, chiropractor, optometrist, clinical social worker, physician assistant, Christian Science practitioner listed with the First Church of Christian Scientist, Boston, and any health care provider recognized by the County’s group health plan. The health care provider can be licensed either in the United States or any other country.

Serious Health Condition 

A “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves: 

1. Inpatient care is any admission to a hospital, hospice or residential medical facility (including any period of incapacity or any subsequent treatment or recovery), or any subsequent treatment in connection with the inpatient care; or
2. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: 
   1. a) A period of incapacity of more than three consecutive full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves: a) treatment by a health care provider two or more times within 30 days of the first day of incapacity (unless extenuating circumstances exist); or b) treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of a health care provider. NOTE: “Treatment by a health care provider” means an in-person visit to a health care provider. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity. 
   2. b) Any period of incapacity due to pregnancy, birth or related medical condition, or for prenatal care. NOTE: Under CFRA, an employee’s pregnancy is not a serious health condition, but it is a serious health condition under FMLA. Under California’s pregnancy disability leave law, an employee has the right to a leave of up to four months if disabled due to pregnancy.
   3. c) Any period of incapacity or treatment for incapacity due to a chronic serious health condition. Employees must continue to visit a health care provider at least twice per year for the same condition to qualify. 
   4. d) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or 
   5. e) Any period of absence to receive multiple treatments by a health care provider (including any period of recovery therefrom), restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

NOTE: Serious health condition does not ordinarily include the following: the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., unless they result in incapacity for more than three calendar days and the employee has received treatment in accordance with the Serious Health Condition section of this policy regarding continuing treatment by a health care provider. Mere absence from work does not by itself establish incapacity. 

Authentication 

As used in this policy, "authentication" means providing the health care provider a copy of the certification and requesting verification that the information contained on the certification form was completed and/or authorized by the health care provider who signed the document; no additional medical information may be requested. 

Certification

An employee requesting leave because of a serious health condition or to care for a spouse, child, parent, registered domestic partner, sibling, grandchild, grandparent, parent in-law, or designated person with a serious health condition may be required to support the leave request with a certification issued by a health care provider. A certification must include the date on which the serious health condition began, the probable duration, and the appropriate medical facts within the knowledge of the health care provider regarding the condition. 

Re-certification 

Upon the expiration of the information contained in the original certification form, an employee may be required to obtain a second certification form to update the prior certification information. An employee who has been certified with a “lifetime” condition will not be required to submit a new medical certification. 

Clarification 

"Clarification" means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of a response. 

County 

A human resources professional will be the designated representative of the County. 

Policy

FMLA/CFRA Eligibility

An eligible employee is an employee who: 

1. Has been employed by the County for at least 12 months, and 
2. Has actually worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

The 12 months of service in item 1 above need not be in consecutive months, and if an employee is on the payroll during any part of a week, including any periods of paid or unpaid leave during which other benefits or compensation are provided by the County (i.e., workers’ compensation, group health plan benefits, etc.), the week counts as a week of employment. 

The 1,250 hours are "hours worked" under the Fair Labor Standards Act and does not include time off, even if paid. The determination of whether an employee has worked for 1,250 hours shall be made as of the date leave commences. 

Time served as a temporary agency employee working for the County is counted when determining FMLA/CFRA eligibility once the temporary agency employee has accepted a position with the County. 

As defined above, eligible employees may be entitled to up to 12 weeks of FMLA/CFRA leave in a 12-month period. The calculation of the 12-week FMLA/CFRA leave is on an individual basis and begins on the first day that the employee takes leave, paid or unpaid, for the qualifying medical event or new child. The commencement of the 12-month eligibility period is measured forward from the date an employee's first FMLA/CFRA leave begins. The next 12-month period would begin the first time FMLA/CFRA leave is taken after completion of any previous 12-month period. No carryover of unused FMLA/CFRA leave from one 12-month period to the next 12-month period is permitted. 

FMLA/CFRA leave for eligible employees who work less than full time is calculated on a pro rata, or proportional, basis. 

Under CFRA, an employee may be entitled to up to 12 weeks of leave to care for a registered domestic partner, the child of a registered domestic partner, grandparent, grandchild, sibling, parent-in-law, or designated person. However, because FMLA does not recognize registered domestic partners, grandparents, grandchildren, siblings, parent-in-laws, or designated persons, the employee may still be entitled to up to 12 additional weeks of leave for an FMLA-qualifying event. If an employee acts in loco parentis to the child of the employee’s registered domestic partner and is absent from work due to a qualifying event related to the child, the employee would not be entitled to an additional 12 weeks of leave. The County may require the employee to provide reasonable documentation relating to eligibility, including but not limited to a simple statement from the employee, a child’s birth certificate, a court document, a Declaration of Domestic Partnership, a marriage certificate, or other documents to verify relationship and/or medical certification.

The right to take FMLA/CFRA leave applies equally to male, female, or non-binary employees. In other words, a father, as well as a mother, can take family leave for the birth, care, placement for adoption or foster care of a child. 

Employees who become eligible for FMLA while on non-FMLA leave may acquire FMLA protections.

Basis for FMLA/CFRA Leave

NOTE: See Military Leave section for military leave requirements. 

There are four circumstances under which the County is required to grant FMLA leave: 

1. For incapacity due to pregnancy, for prenatal care, for the birth of a child and to care for the newborn child; 
2. For placement with the employee of a child for adoption or foster care; 
3. To care for a child, parent, or spouse with a serious health condition; or 
4. Because of a serious health condition that makes the employee unable to perform the essential functions of the employee’s job. 

NOTE (For FMLA only): Leave before the actual placement or adoption may be taken if an absence from work is required for the adoption to proceed. FMLA leave includes travel to another country to complete the adoption. 

With the exception of the military caregiver leave as described in the Military Leave section in this policy, the circumstances in which the County is required to grant CFRA leave are the same as those noted above. An eligible employee is also entitled to a CFRA only leave in the following circumstances: 

1. For the birth of the child of the registered domestic partner and to care for the newborn child of the registered domestic partner; and 
2. To care for the registered domestic partner, or child of the registered domestic partner with a serious health condition; and 
3. To care for a grandparent, grandchild, sibling, parent-in-law, or designated person with a serious health condition. 

Time Off Under FMLA/CFRA

The use of an employee’s accrued leave balances runs concurrently with the use of FMLA/CFRA leave. FMLA/CFRA leave includes all time – paid or unpaid – as outlined in the County’s Personnel Ordinance. FMLA/CFRA leave also includes all time while eligible and integrating leave balances with State Disability Insurance (SDI) and/or Workers’ Compensation (WC). 

Under FMLA and/or CFRA leave, an employee is required to use all sick leave, vacation and holiday-in-lieu time off prior to the authorization of unpaid leave. An employee may opt to use CTO, but it is not required. When CTO is used, it will be counted against the employee’s FMLA/CFRA. 

There are some exceptions to exhausting leave balances prior to unpaid leave: 

1. While on FMLA/CFRA if employee provides evidence of receiving wage replacement from: 
   1. Workers’ Compensation 
   2. State Disability Insurance (SDI) without integration 
   3. Paid Family Leave (PFL) 
2. While on leave to care for a new child, an employee cannot use sick leave, but does use all other balances prior to CTO or unpaid leave.
3. Check labor contracts for any other exceptions to using all leave balances prior to leave.

When off for their own serious health condition or the serious health condition of an eligible family member, an employee must use sick leave first prior to the authorization to use other balances, unless other leave balances are expiring or reaching the maximum allowed.

Intermittent

Both FMLA and CFRA allow intermittent or reduced schedule leaves. An employee who takes intermittent leave for planned medical treatment must make a reasonable effort to schedule the leave to not unduly impact the County’s operation. 

Under FMLA/CFRA, the employee’s entitlement to FMLA/CFRA leave for birth and bonding expires 12 months after the date of birth. 

Under CFRA, the minimum duration of CFRA leave for the birth, adoption or foster care placement of a child is two weeks. The County shall grant a request for a CFRA leave of less than two weeks on any two occasions. In addition, leave taken for the birth, adoption, or foster care placement of a child must be completed within one year of the qualifying event. 

When CFRA leave is taken for the serious health condition of a parent, child, spouse, registered domestic partner, grandparent, grandchild, sibling, parent-in-law, or designated person, or for the serious health condition of the employee, leave may be taken intermittently or on a reduced work schedule when medically necessary (as determined by the health care provider of the person with the serious health condition). The minimum duration of leave under these circumstances is one hour. 

Coordination of Leaves

FMLA/CFRA: FMLA and CFRA run concurrently except for pregnancy disability leaves, military caregiver leave, and leaves for the registered domestic partner, grandparent, grandchild, sibling, parent-in-law, or designated person. If the employee acts in loco parentis for a child of the employee’s registered domestic partner, FMLA and CFRA run concurrently for a leave to care for the child of the registered domestic partner. However, if the employee does not act in loco parentis for that child, FMLA and CFRA would run separately for a leave to care for the child of the registered domestic partner.

Pregnancy Disability Leave (PDL) with FMLA: PDL and FMLA run concurrently. 

PDL with CFRA: PDL does not run concurrently with CFRA; they are two separate and distinct rights. Therefore, at the conclusion of PDL, the employee is still eligible to take up to 12 workweeks of CFRA leave to the extent that CFRA leave has not previously been used in the 12-month period and the employee qualifies. 

Parental Leave and PDL: Parental leave is separate and distinct from the use of PDL. 

Parental Leave and CFRA: Parental leave is separate and distinct from the use of CFRA leave but may run concurrently. 

Parental Leave and FMLA: Parental leave is separate and distinct from the use of FMLA leave but may run concurrently. 

4850 pay and FMLA: 4850 pay is separate and distinct from the use of FMLA leave, but runs concurrently, except for disability because of pregnancy, childbirth or related medical conditions. 

4850 pay and CFRA: 4850 pay is separate and distinct from the use of CFRA leave, and does not run concurrently. 

Notification

Employee Notice Requirements

The employee should contact their supervisor thirty (30) days prior to a foreseeable leave or as soon as practicable (generally the same or next business day) if the leave is not foreseeable. For the first time, an employee is not required to invoke FMLA/CFRA by name to satisfy the notice obligation, but must provide sufficient specific information to the County to place the County on notice that the condition may be FMLA/CFRA-qualifying. However, once FMLA/CFRA leave has been granted, the employee must specifically reference either the qualifying reason or the need for FMLA/CFRA leave if the employee is using FMLA/CFRA leave. The initial notice provided by the employee should include information with respect to the anticipated timing and duration of the leave. The employee notice may be either verbal or written. However, the employee must follow-up with appropriate medical substantiation of a serious health condition.

For intermittent or reduced-schedule FMLA/CFRA leaves, only a single notice is required. The employee must inform the County of the schedule for any treatment, if known, and of the proposed schedule of intermittent leave or the proposed reduced-schedule leave. 

County Notice Requirements

General Notice:

The County shall post and keep posted on its premises, in conspicuous places where employees are employed, a FMLA/CFRA notice explaining the FMLA and CFRA provisions and providing information concerning the procedures for filing complaints of violations. New employees must be separately apprised of their FMLA rights in writing, in an employee handbook, or otherwise upon hiring.

Eligibility Notice:

When an employee requests (or the County identifies) a potential FMLA/CFRA-qualifying leave for the first time during the applicable 12-month period, the County must notify the employee, either in writing or orally, of their FMLA/CFRA eligibility status within five (5) business days. The employee must receive a notice when: 

1. Their FMLA/CFRA leave begins. 
2. It is determined the employee is not eligible for FMLA/CFRA leave. The notice must state at least one reason why the employee is ineligible, including whether the employee fails to meet the 12 months of service, 1250 hours of work or other eligibility standard. 
3. There is a change in eligibility status. 
4. If the employee's eligibility does not change by the next time FMLA/CFRA leave is requested, no additional eligibility notice is required. 

Rights and Responsibilities Notice:

The County is required to give the employee written notice detailing specific expectations and obligations of the employee and explaining any consequences if the employee fails to comply. This notice must be provided to the employee each time the eligibility notice is provided. If leave has already begun, the notice must be mailed to the employee's address of record.

The County’s notice must detail the following, when appropriate:

1. The leave will be designated and counted against the employee’s FMLA/CFRA leave entitlement and the applicable 12- month period for FMLA/CFRA entitlement; 
2. Any requirements for the employee to provide certification of a serious health condition, serious injury or illness, or qualifying exigency arising out of active duty or call to active duty status and the consequences of not doing so (e.g., denial of leave); 
3. The employee’s right to substitute paid leave, whether the County will require the substitution of paid leave, the conditions related to any substitution, and the employee’s entitlement to take unpaid FMLA leave if the employee does not meet the conditions for paid leave; 
4. Any requirement that the employee make any premium payments to maintain health benefits, the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis (i.e., the circumstances under which coverage might lapse); 
5. The employee's right to maintenance of benefits during the FMLA/CFRA leave; 
6. The employee’s potential liability for payment of health insurance premiums paid by the employer during the employee’s unpaid FMLA/CFRA leave if the employee fails to return to work after taking FMLA/CFRA leave; 
7. Any requirement that the employee provide a return to work certification to be reinstated to employment; and 
8. The employee’s right to reinstatement to the same or an equivalent position upon return from leave.

Medical Certification

If an employee takes leave due to their own serious health condition or that of an eligible family member, the County may require that the need for time off under FMLA/CFRA be verified by a medical certification signed by the health care provider for the employee or family member. In the Rights and Responsibilities Notice, the County must notify the employee of this requirement and advise the employee of the anticipated consequences of the employee’s failure to provide adequate certification. A verbal request to furnish any subsequent certification is sufficient. 

This certification may be requested following the employee’s notice of the need for a leave due to a serious health condition or within five (5) business days, or in the case of unforeseen leave, within five (5) business days after the leave commences. 

The employee must provide the requested certification within fifteen (15) calendar days after the request, unless it is not practicable to do so despite the employee's diligent good faith efforts. The County must provide additional time to provide the certification and may not immediately deny or delay FMLA/CFRA if there is sufficient reason for the delay. 

Own Serious Health Condition: If the FMLA/CFRA leave is for the employee’s own serious health condition, the certification may state that, in the health care provider’s opinion, the employee has a medical condition(s), which constitute a serious health condition. 

Family Member: If the leave is to care for a family member, the County may require certification of the condition and the need for the employee’s involvement in the case. The certification need not disclose the serious health condition involved, but must include a statement that, in the opinion of the health care provider, the serious health condition warrants the participation of a family member to provide care during a period of treatment or supervision. 

The County can ask for certain types of information, which generally include the following: 

• The date the condition commenced, if known; 
• The probable duration of the condition; 
• An estimate of the time period the health care provider believes the employee needs as leave to care for the child, parent, spouse, grandparent, grandchild, sibling, parent-in-law, designated person, registered domestic partner, or child of the registered domestic partner; and 
• A statement that the employee is unable to work or to perform one or more of the essential functions of the job due to the condition. 

In addition, 

• If the requested leave is for an intermittent or reduced schedule, information sufficient to establish the medical necessity for such intermittent or reduced schedule leave and an estimate of the dates and duration of such treatments and any periods of recovery. 
• If the requested leave is for an intermittent or reduced schedule for a serious health condition that may result in unforeseeable episodes of incapacity, information sufficient to establish the medical necessity for the intermittent or reduced schedule leave and an estimate of the frequency and duration of the episodes of incapacity.

NOTE: For FMLA leave only, a statement or description of appropriate medical facts regarding the patient's health condition which are sufficient to support the need for leave may be requested. Such medical facts may include information on symptoms, hospitalization, doctor visits, whether medication has been prescribed, any referrals for evaluation or treatment, or any other regimen of continuing treatment. 

Clarification and Authentication of Certification

For authentication or clarification, the appropriate Human Resources professional will contact the health care provider. Under no circumstances may the employee’s direct supervisor contact the employee’s health care provider. 

The employee has seven (7) calendar days – unless not practical – to correct the deficiency. FMLA leave may be denied if the deficiencies are not corrected in the resubmitted certification. If an employee submits a complete and sufficient certification, the County may not request additional information from the health care provider. 

Certification is deemed incomplete if one or more of the required entries has not been completed. Certification is insufficient if the information provided is vague, ambiguous, or non-responsive. A certification that is not returned is not considered incomplete or insufficient, but constitutes a failure to provide certification. 

If the employee believes that the information provided on the medical certification form has changed, is insufficient, or incomplete, it is the responsibility of the employee to discuss the concerns with their medical provider and secure an updated medical certification form, if appropriate. 

If the employee does not rectify the medical certification deficiency, the County may deny the designation of FMLA/CFRA leave. It is the employee's responsibility to provide the County with a complete and sufficient certification. 

For second or third medical opinions or recertification of medical condition, the following shall apply: 

• If the FMLA/CFRA leave is for the employee’s own serious health condition, the County may require, at its expense, a second opinion from a health care provider that the County chooses. The health care provider designated to provide a second opinion will not be one who is employed on a regular basis by the County. 
• If the second opinion differs from the first opinion, the County or the employee may require, at County expense, the opinion of a third health care provider designated or approved jointly by the County and the employee. The opinion of the third health care provider shall be considered final and binding on the County and the employee. 
• Pending receipt of additional opinions, the employee’s leave shall be provisionally deemed FMLA/CFRA leave and the employee shall be entitled to benefits of FMLA/CFRA leave pending resolution of the certification issues. 
• The County must provide the employee with copies of the second and/or third medical opinions, at the employee’s request, normally within five (5) business days. 
• The County cannot require a second or third opinion concerning the serious health condition of a child, parent, spouse, grandparent, grandchild, sibling, parent-in-law, designated person, or registered domestic partner, or child of the registered domestic partner of an employee. 

Recertification

Generally, the County may request recertification at the end of the time originally estimated for leave, if additional leave is needed. The recertification must be provided to the County within fifteen (15) calendar days of the request. The County may request certification no more often than every thirty (30) days and only in connection with an absence by the employee except under the following circumstances. 

More than 30 Days: If the minimum duration is more than 30 days, the County must wait until that minimum duration expires before requesting a recertification. In all cases, the County may request a recertification every six (6) months in connection with an absence. Under CFRA, recertification is only available upon expiration of the original time period indicated on the original certification form. 

Less than 30 Days: The County may request recertification in less than 30 days if the employee requests an extension of leave or circumstances described by the previous certification have changed significantly (e.g. duration or frequency of the absence, the nature or severity of the illness, complications) or if the County receives information casting doubt on the validity of the certification or reason for absence. 

The County may not require a second or third opinion on a recertification. 

The County may provide the health care provider with a record of the employee's absence pattern or information that casts doubt on the validity of the certification.

Continuation of Benefits

An employee taking paid or unpaid time off under FMLA/CFRA is entitled to continue to participate in any benefit plan on the same basis as active employees, and the County must continue the same type and level of coverage. 

The County is required to continue coverage for the duration of the FMLA/CFRA leave. The County is required to continue coverage not only for the employee but also for family members if covered before the employee’s leave began under FMLA/CFRA. 

To the extent the employee is responsible for payment of a premium, responsibility shall continue during the FMLA/CFRA leave. 

The County’s obligation to maintain benefits ends upon termination of the employment relationship under the following circumstances: 

1. Employee notifies the County that they do not intend to return from the FMLA/CFRA leave; 
2. Employee fails to return after exhausting the FMLA/CFRA leave; or 
3. The employment relationship would have terminated regardless of FMLA/CFRA leave.

If the County changes or adds benefits or plans while an employee is on unpaid leave within the FMLA/CFRA entitlement period, the changes will apply to the employee on leave to the same extent as if the employee were continuously working. Any changes in premium rates, including an increase or decrease in the employee’s share of the premiums, will also apply. 

If the County allows an employee’s health coverage to lapse due to the employee’s failure to pay premiums during FMLA/CFRA leave, the employee’s coverage must be reinstated when they return to work. 

Retirement Service Credits

If an employee is on an unpaid FMLA/CFRA leave, the employee must pay retirement contributions to be eligible to receive retirement service credit for the period of unpaid leave. 

Return to Work Certification

The County may require an employee to obtain a certification from the health care provider that the employee is able to resume work, with or without restrictions, following FMLA/CFRA leave. The County may require that the certification specifically address the employee's ability to perform essential functions of the job. 

The County may seek authentication and clarification of the return to work certification on the same terms and conditions as for a medical certification. However, the County may not delay the employee's return to work while contact with the health care provider is being made. No second or third opinions on a return to work certification may be required. 

In cases of intermittent leave, the employee is not required to establish their ability to return to work for each absence taken on a reduced or intermittent work schedule. However, the County may require the employee to establish their ability to return to work for such absences up to once every thirty (30) days if reasonable safety concerns exist regarding an employee's ability to perform their duties. Reasonable safety concerns mean a reasonable belief of significant risk of harm to the employee or others. 

Return from Leave Under FMLA/CFRA

Upon return from FMLA/CFRA, an employee will be reinstated to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions, unless the employee is no longer able to perform one or more essential functions. 

If an employee on FMLA/CFRA would have been laid off had they not been absent, or if the employee’s job is eliminated during the absence and no equivalent or comparable job is available, then the employee is not entitled to reinstatement. 

​An employee’s use of FMLA/CFRA will not result in the loss of any employment benefit that the employee earned before using FMLA/CFRA. 

Neither the cash-back subsidies nor the Plan Selection Incentive will be continued during an unpaid FMLA/CFRA leave, but will be reinstated as “equivalent benefits” upon the employee’s return from leave. 

Employee Protection

An employee’s use of FMLA/CFRA will not result in the loss of any employment benefit that the employee earned before using FMLA/CFRA leave, which includes all benefits provided or made available to employees by the County. The County may not use the taking of FMLA/CFRA leave as a negative factor in any employment action, retaliate against, and/or discriminate against an employee for involvement in any proceeding under or relating to FMLA/CFRA (including such actions as placing an employee on controlled leave).