Q. An employee just notified HR he would like to take immediate leave under the California Family Rights Act. Can we require more notice?
A. Generally, employees must give advance notice in order to take leave under the California Family Rights Act (CFRA). However, how much advance notice they are required to provide depends on the reason for the leave request.
If the need for leave is foreseeable, an employer may require 30 days’ advance notice before CFRA leave is to begin.
In some cases, however, 30 days’ notice is not feasible for the employee, for example, because he or she did not know when leave would be required to begin or due to a medical emergency. Under such circumstances, the employee must provide notice to the employer as soon as feasible.
The employer is responsible for designating leave—paid or unpaid—as CFRA leave. Employers must respond to CFRA leave requests as soon as possible, but no later than 10 calendar days after receiving the request.
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