Department of Corrections and Rehabilitation - Operations Manual

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Chapter 3 – Personnel, Training, and Employee Relations

Article 8 – Leave Credit and Overtime Management

Revised November 12, 2014

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31080.9 Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)/Pregnancy Disability Leave (PDL)

Revised December 29, 2023

  • FMLA and CFRA established an entitlement for employees who have a minimum of 12 months of State service and who have physically worked a minimum of 1250 hours in the year immediately preceding the date the leave is to begin, to a job-protected leave, for up to 12 work weeks in a calendar year (January to December) due to any of the following reasons (except for military caregiver leave):  

    • Health conditions relating to pregnancy or childbirth (FMLA and PDL). 

    • Birth and care of a newborn child or placement of a child in the employee’s home for adoption or foster care (known as bonding leave).  

    • Care for the employee’s qualifying family member or designated person (CFRA only) who has a serious health condition. Qualifying family members are as follows: 

      • Spouse, child, or parent (FMLA and CFRA).  

      • Domestic partner, grandparent, grandchild, sibling, or designated person (any individual related by blood or whose association with the employee is the equivalent of a family member (CFRA)).

    • Employee’s own serious health condition (FMLA and CFRA).  

    • Qualifying Exigency Leave related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States.  

  • FMLA and CFRA established an entitlement for employees who have a minimum of twelve (12) months of State service and who have physically worked a minimum of 1250 hours in the year immediately preceding the date the leave is to begin, to a job-protected leave, for up to 26 work weeks within a twelve-month period, for Military Caregiver Leave to care for ill or injured family members in the military. 

  • Twelve work weeks means the equivalent of 12 of the employee’s normally scheduled work weeks. 

  • A presumption of a serious health condition exists under the definitions of the FMLA and CFRA after an absence of more than three consecutive days of work because the employee or employee’s family member is incapacitated or the employee or the family member is hospitalized overnight.  A serious health condition may also exist if the absence involves ongoing or follow-up care by a health care provider, or if a chronic health condition is so serious that, if not treated, could reasonably be expected to result in the employee or the employee’s family member being absent from work for more than three consecutive days. 

  • An employee may elect to use any accrued leave credits in lieu of taking an unpaid leave.  When FMLA, CFRA, and/or PDL is for the employee’s own serious health condition, sick leave credits shall be used first before using other leave credits.  The employee may choose to take unpaid leave (i.e., dock) for any approved FMLA, CFRA, and/or PDL time usage.  

  • The employee will not be required to use sick leave credits when caring for a family member with a serious health condition.  The use of other leave credits for such an absence shall be at the employee’s discretion.  However, sick leave credits cannot be used for the employee bonding with a new child, or the placement of a child with an employee in connection with adoption or foster care.  

  • Leave taken for bonding must be taken within one year of the birth of the child, or from the date of the child’s placement in the home for adoption or foster care placement.  Intermittent bonding leave is leave taken in separate periods of time, or leave that reduces the employee’s normal weekly or daily work schedule.  Intermittent bonding leave must be taken in a minimum of two week increments up to the maximum of 12 weeks; however, a request for leave of less than two weeks on any two occasions may be granted. 

  • Approval to use leave credits for bonding with a new child of the employee, placement of a child in the employee’s home for adoption or foster care, or to care for a family member with a serious health condition is subject to the provisions of collective bargaining agreements, California Department of Human Resources (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)) rule, and Labor Code, section 233. 

  • PDL is part of California’s Fair Employment and Housing Act (FEHA).  It entitles a pregnant employee to four months (17.33 weeks) of leave while disabled by  
    pregnancy-related health conditions.  The employee’s benefits are covered for up to four months.  PDL runs concurrently with FMLA but not CFRA since CFRA does not consider pregnancy-related disabilities a serious health condition.  The requirements for PDL are: (1) being pregnant, and (2) employed by the State for one day.  Qualifying events for PDL:  

    • Prenatal visits and care.

    • Severe morning sickness.

    • Any pregnancy-related disability. 

    • Bed rest ordered by the doctor. 

    • Child birth and recovery from child birth. 

    • Employee is unable to perform one or more essential functions of their job due to pregnancy or pregnancy-related conditions.  

  • Time taken for a pregnancy, or a pregnancy-related condition, does not count toward the 12 work week CFRA entitlement, however, such a leave is protected by the PDL provisions of the FEHA, and under FMLA. 

  • Employees seeking to use FMLA and/or CFRA leave are required to provide 30 days advance notice of the need to take FMLA and/or CFRA leave when the need is foreseeable and such notice is practicable.  When intermittent leave is needed to care for one’s self or a family member’s serious health condition, and if for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the work place operations.  If leave is unforeseeable, the employee must provide notice as soon as practicable. 

  • When provided with sufficient information of an employee’s need for leave, or if an employee is absent for more than three consecutive days of work, the supervisor shall contact the FMLA Coordinator to request the employee be provided with an FMLA packet.  To request a packet an employee or supervisor may complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 3051, Employee Request for FMLA, CFRA, and/or PDL, and submit to the FMLA Coordinator, or send a request via email to the FMLA Coordinator.  The FMLA Coordinator shall be informed immediately as the employee shall be notified of their eligibility for FMLA, CFRA, and/or PDL within five business days.  The supervisor is responsible for making sure the FMLA Coordinator has been notified of the employee’s need for FMLA, CFRA, and/or PDL.  

  • If the request for use of FMLA, CFRA, and/or PDL appears to meet the qualifying criteria and the employee is eligible for FMLA, CFRA, and/or PDL, the employee is to be provided with the CDCRCalifornia Department of Corrections and Rehabilitation Form 2201, Certification of Health Care Provider for Family and Medical Leave Act and/or California Family Rights Act, or the CDCRCalifornia Department of Corrections and Rehabilitation Form 3052, Certification of Health Care Provider for Pregnancy Disability Leave, to forward to the treating health care provider. The employee is responsible for providing a complete and sufficient health care certification to the FMLA Coordinator within 15 calendar days. In certain instances an extension maybe granted beyond 15 days. The CDCRCalifornia Department of Corrections and Rehabilitation Form 2201 and CDCRCalifornia Department of Corrections and Rehabilitation Form 3052 are not mandatory, and another version of certification can be issued by the health care provider. The certification will be sufficient if the following is indicated:  

    • Contact information and signature of the health care provider. 

    • The date the serious health condition commenced.  

    • The probable duration of the condition. 

    • For the employee’s own health condition, information showing that the employee cannot perform the essential functions of the job. 

    • For leave to care for a family member or designated person (CFRA only), a statement of the care that is needed, or that the serious health condition warrants the participation of a family member to provide care during the treatment or supervision of care.  

    • For intermittent leave, information showing the medical necessity and the frequency and duration for intermittent or reduced schedule leave.  

  • The employer cannot require the employee or health care provider to indicate a specific diagnosis of the condition necessitating the leave. The treating health care provider will determine, based on an evaluation, if the employee (or the employee’s family member or designated person) has a health condition that qualifies as “serious” under the definition of the FMLA, CFRA, and/or PDL. The certification must be maintained as a confidential document.  

  • Medical recertification for FMLA, CFRA, and/or PDL is required for the following reasons: 

    • Upon expiration of the time originally estimated for the leave duration, and additional leave is requested.  

    • A change in the duration of the leave or frequency of intermittent absences.

    • A change in the nature or severity of the condition. 

    • Leave is grossly exceeding the approved frequency and duration. 

    • Information has been received casting doubt on the validity of the certification or reason for absence.

      • If there is a good faith, objective reason to doubt the validity of a medical certification for the employee’s medical condition, then CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS may require a second or third medical opinion, at the department’s expense.  In all cases, the requirement to furnish a health care recertification can be no more restrictive than that outlined in the applicable collective bargaining agreements.  

  • Absences which qualify for leave taken under the provisions of FMLA, CFRA, and/or PDL, will not be counted against an employee for purposes of determining excessive sick leave use or abuse or when considering the employee for promotion, out-of-class assignment, or used as a basis for adverse actions.  

  • When an employee is grossly exceeding the frequency and duration of leave they are approved for under FMLA, CFRA, and/or PDL, their supervisor may request an FMLA Coordinator to contact the employee and request a recertification be completed.  A recertification request may be requested if there is a documented pattern of overuse.  Example: Approval of 1-2 days per month.  Employee uses 4-6 days per month for 3 consecutive months.  The employee is allowed a minimum of 15 calendar days to provide the recertification after the employer’s request.  Absent extenuating circumstances, if the employee fails to timely return the recertification, despite the opportunity to cure any deficiencies, the employer may deny FMLA and/or CFRA leave until a sufficient certification or recertification is provided. 

  • Additional details for processing FMLA, CFRA, and/or PDL are included in the CDCRCalifornia Department of Corrections and Rehabilitation FMLA Desk Manual.  Each Personnel Officer, Employee Relations Officer, FMLA Coordinator, and Return to Work Coordinator has copies of this manual.