In November 2008, the Department of Labor issued revised regulations for the Family Medical Leave Act (FMLA), which became effective on January 16, 2009. These new regulations however, differ from comparable regulations that California’s Fair Employment and Housing Commission had issued interpreting the California Family Rights Act (CFRA), California’s version of the federal FMLA. Thus, the Commission has issued an updated comparison chart outlining the key differences between the revised FMLA regulations and the Commission’s CFRA regulations. Key differences include:
- Pregnancy as a “Serious Health Condition” – Pregnancy is considered a serious health condition under the FMLA however, pregnancy is not covered under the CFRA. Instead, in California a pregnant employee is entitled to a pregnancy disability leave of up to 4 months.
- Domestic Partners – Domestic partners are not considered “spouses” under the FMLA. Under the CFRA, however, registered domestic partners like spouses are entitled to family leave.
- Military Leave – FMLA now includes 26 weeks of leave to care for injured family members that are in the military, and 12 weeks of leave for “qualified exigencies.” California however, does not offer this privilege under the CFRA.
To view the full comparison chart, click here. For information on The Employment Law Group® law firm’s Employment Discrimination Law practice, go to http://www.employmentlawgroup.net/PracticeAreas/Discrimination-Law.asp