Our employee has used up all of her family and medical leave and is requesting an extension of time. Do we have to grant the extension, or can we terminate her employment?

Q&As

• Do all 12 weeks of medical leave under FMLA/CFRA have to be taken at once?
• Does CFRA for baby bonding begin immediately after the baby is born or after PDL ends?
• Is a chiropractor considered a 'health care provider' for medical leave certification purposes?
• Is the company required to notify employees when FMLA and/or CFRA periods have ended?
• Do we have to continue benefits accrual during FMLA leave?
• Can we deny baby bonding leave to a father who is not married?
• Even though I am a small employer, can my employees take paid family leave? Do I need to distribute the paid family leave brochures to new employees?
• Is an employee eligible for CFRA or FMLA leave to care for her pregnant daughter? If not, is she eligible for any other protection?
• My employee wants a flexible working schedule because of elder care obligations. Am I obligated to consider his request?
• Can my employee use CFRA or FMLA to care for her adult, drug-addicted son, who refuses to go through a rehabilitation program?
• If an employee on FMLA/CFRA does not turn in the required medical certification on time, can the company deny their leave and terminate them?
• Can I deny my employee’s request for FMLA leave when her daughter has a baby?
• Our employee wants to take time off to be home with a new baby, but has not met the requirements of having worked for our company for one year. Can we deny baby bonding leave?
• I have an employee in the process of adopting a child. Would she be eligible for Paid Family Leave (PFL)?
• What do you have an employee provide to certify that a family member needs to be cared for?
• If an employee requests an absence to be designated as FMLA/CFRA qualified retroactively (1 month), does the Company have to designate?
• Is the employee’s eligibility for FMLA/CFRA based on the current or preceding year?
• Which employees are eligible for family and medical leave?
• My employee wants time off for cosmetic surgery. Do I have to grant her time off and hold her job?
• What happens if an employee wants to take time off with the baby after she just had pregnancy disability leave?
• Which employers are covered by family and medical leave laws?
• We employ members of the same family who are requesting time off to care for an ill parent. Are we required to provide them with leave at the same time? What happens if the parent dies?
• Can employees file for leave under the CFRA or FMLA for depression and anxiety/stress claims?
• Do FMLA/CFRA laws apply to temporary employees?
• Can an employee take 12 weeks of FMLA for foster care placement and then another 12 weeks of FMLA if she adopts the child?
• I have a full-time employee who has been with our company for nine years and is pregnant. Last month our company was acquired by another company. Will the employee have rights to FMLA leave for the pregnancy and CFRA leave for baby bonding?
• If our furloughed employee wants to take baby bonding leave, is his job protected under the CFRA?
• Must we grant an employee a leave of absence for baby bonding?
• We need to lay off the employees in our surveying department, but one of them is on Family and Medical Leave Act (FMLA) leave to bond with his new baby. Do we have to hold his job open for him?
• One of my male employees has a new baby. What amount of time do I have to provide for his baby bonding time? Do I have to pay him for this time?
• What is meant by “medical certification?”
• Both parents of a newborn are employed by the same company. Are we required to give both of them baby bonding leave?
• Are we required to change an employee’s schedule to part-time during her baby bonding leave?
• Am I required to provide time off and pay an employee while the employee is on parental leave?
• Can I require an employee to provide an FMLA/CFRA recertification if her original certification noted her condition was lifelong?
• Can I require written documentation from a doctor for family and medical leave?
• Are we required to provide an employee, who used FMLA/CFRA time last year to care for her mom, more leave time to care for her grandchild?