Brace Yourself: Amendments to CFRA Regulations Approved, Take Effect July 1

Mar 5 2015 - FMLA/CFRA, Posters and Notices, Workplace Policies - Gail Cecchettini Whaley

The Office of Administrative Law (OAL) approved amendments to the California Family Rights Act (CFRA) regulations. The amendments, proposed by the Fair Employment and Housing Council last year, will take effect July 1, 2015.

The California Chamber of Commerce, along with several other trade associations, submitted comments on the regulations during the public comment period.

Several changes were made to align the CFRA regulations more closely with the federal Family and Medical leave Act (FMLA) regulations. Other changes were made to:

  • Provide guidance on certain definitions, such as how to determine when businesses will be considered joint employers under CFRA; and
  • Clarify the current state of the law as interpreted by the courts.

Even with the revisions, some differences between state and federal family and medical leave laws will still exist, including how CFRA coordinates with the state pregnancy disability leave laws.

The amended regulations include changes to the mandatory poster requirement, as well as changes to the information that must be included on the certification form that is given to health care providers for leaves involving serious health conditions.

The California Chamber of Commerce’s 2015 California and Federal Employment Notices Poster will be updated with the revised mandatory CFRA notice once the final poster is released by the Department of Fair Employment and Housing. CalChamber will keep you updated on the status of this mandatory posting requirement.

Visit the Council’s website for the text of the amendments that the Council sent to the OAL, along with the Council’s statement of reasons for proposing the amendments.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

CalChamber’s employment law experts will share insights on these new regulations in an upcoming webinar: FYIs and FAQs on FMLA and CFRA Rules. Register online or call (800) 331-8877. Preferred and Executive members receive their 20 percent discount.

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