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CFRA (California FMLA variant) Questions re: allotted time

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JohnErick

Member
What is the name of your state (only U.S. law)? CA

Hello. Sorry if this is in the wrong place, but none of the categories fit this. It's not really a fringe benefit...

Anyway, if anyone is familiar with CFRA/FMLA, they are very similar, and I believe my questions fall in the area where both are pretty much the same.

Can anyone tell me if if the 12 weeks allotted per year is to be counted hourly?

In our circumstance, we have intermittent leave. The doctor estimated 3 days per month would be needed on the certification form form. I dont usually need to take a full 8 hours on some days, hence the intermittent. I believe that Liberty Mutual, the company overseeing my employer's family leave plans, is literally counting a day where I may take say 2 hours of time off for CFA on a day as a full day used. If we are entitled to 3 days per month, and and we have intermittent leave, does that provide us up to 24 hours in that month? Is this how it is calculated?

Also, I thought that recertification was only once every year, unless the needs have changed, or the condition has changed, but I have never gone over 3 days in a month. For July, the total has been 15 hous and they seem to be claiming we're going over our 3 maximum days approved per month because the hours were spread over 5 different calendar days, so they are claiming we're using 5 days because the leave occurred on different days, even if it wasnt for 8 hours. Please can anyone confirm this?

This has been a nightmare with this employer. My previous employer knew all the laws on this, but Liberty Mutual had no idea CFRA even existed in California until I applied in February of this year. The initially denied the intermittent leave because they were trying to apply FMLA rules to CFRA, which in our case is where the two programs are different. They eventually figured it out, but I need to be sure before I talk to them about their new request to recertify.

Thanks for any help:confused:
 
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