SECTION 3: QUALIFYING REASONS FOR FMLA AND CFRA LEAVE

An employee may qualify for FMLA, CFRA or both depending on their qualifying reason. Once an employee meets the FMLA and/or CFRA eligibility requirement, leave can be taken for any of the following reasons:

NOTE: A licensed agency is not required for adoption. For foster care, placement must be a result of a court decision and not an informal arrangement to care for another person's child.

FMLA and CFRA leave applies equally to males and females. Both parents are equally entitled to FMLA and CFRA leave for adoption, foster care, or for the care of a newborn child.

Substance Abuse

Substance Abuse is a qualifying reason if it meets the definition of a serious health condition. FMLA and/or CFRA leave may only be granted for an employee receiving treatment for substance abuse by a health care provider or when referred to a health care services provider. However, management may take appropriate action against an employee for substance abuse provided the action results from a violation of an established departmental policy. The department policy must have been communicated and equally applied to all applicable employees on a nondiscriminatory basis. For example, if a department has an established policy of terminating employees for substance abuse at work, the employee presently requesting or taking family leave may be terminated if they are found to be in violation of the policy.

3 FMLA/CFRA leave may be taken to attend counseling sessions, appear in court, meet with an attorney, etcetera, in relation to adoption or foster care.

4 In California, disability due to pregnancy is covered under California Pregnancy Disability Leave (PDL).

5 The State of California recognizes “domestic partnership” but the federal government does not.

An employee may also take leave to care for a qualifying family member who is receiving treatment for substance abuse but management cannot take any action against the employee for taking the leave.

FMLA for Armed Forces Members and Caregivers

An employee who is the spouse, child, parent or next of kin of an Armed Forces member or a covered veteran is entitled to 26 workweeks of leave to care for a service member that is recovering from a serious illness or injury sustained in the line of active duty, or injuries or illnesses that existed before the service member's active duty and were aggravated by service in the line of duty on active duty.

A covered veteran is an individual who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

An employee is entitled to 12 workweeks of leave due to any defined qualifying exigency (see definition of “Qualifying Exigency” on page 14) that arises due to their spouse, child or parent's call to covered active duty in the Armed Forces to a foreign country.