Within five days of receiving all required information, a California employer needs to determine whether a leave is covered by the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or both, and must provide written notice to the employee designating the leave as FMLA/CFRA-covered leave or not.
The leave may be designated retroactively to the first day of the employee’s absence for the FMLA/CFRA-qualifying condition. You must also provide an explanation of the employee’s rights and responsibilities while on leave, and you must provide a guarantee (in writing if the employee requests it) that the employee will be reinstated in the same or an equivalent position.
