FMLA/CFCA Leave Clause Samples
The FMLA/CFCA Leave clause establishes an employee's right to take job-protected leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). It typically outlines the eligibility criteria, the types of situations covered—such as personal or family illness, childbirth, or adoption—and the process for requesting leave. This clause ensures that employees can take necessary time off for qualifying family or medical reasons without fear of losing their job, thereby balancing workplace needs with personal and family responsibilities.
FMLA/CFCA Leave. Eligible employees will receive leaves of absence in accordance with the Family and Medical Leave Act of 1993 (FMLA) and the Colorado Family Care Act (CFCA), and all leaves of absence provisions of this Agreement shall be applied consistent with the FMLA, CFCA, and any other applicable state, federal or local law. The parties agree that the Publisher may require an employee use at the beginning of an FMLA/CFCA leave of absence all accrued but unused paid time off which the employee may have before becoming eligible for unpaid FMLA/CFCA leave, except when the employee is receiving short-term disability, long-term disability, or workers’ compensation benefits during the FMLA/CFCA leave period, in which case the employee may choose to supplement those benefits with his/her accrued but unused paid time off. Paid time off shall include sick time, personal time, and vacation time, provided that such paid time off shall be exhausted in the following order: sick time (if for a qualifying reason), vacation time, and then personal time. All paid time off so taken shall run concurrently with FMLA/CFCA leave and shall therefore be counted towards the employee’s FMLA/CFCA leave entitlement. The Publisher will utilize a rolling twelve (12) month period measured backward from the date an employee uses any FMLA/CFCA leave to determine whether an employee is entitled to additional leave.