Notice Regarding Department of Labor Prototypes Many employers choose to use the prototype Notices of Eligibility and Rights and Responsibilities and the prototype Designation Notice provided by the Department of Labor.

These forms can provide an employer added confidence that if the forms are completed in a manner consistent with the revised FMLA regulations and the employer's practices and policies, the employer is meeting its obligations with regard to information that must be given to an employee upon notice of an employee's need for FMLA leave.

Despite the amendments to the CFRA regulations, there also remain a number of notable areas in which CFRA administration continues to differ from the FMLA, or where clarity is still lacking.

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Change ‘physical impossibility’ provision The DOL also changed the rule that allowed employers to delay a worker’s reinstatement from FMLA when it was physically impossible for the employee to return to work in the middle of his or her shift.

Example: If a flight attendant took two hours of FMLA leave due to a migraine and missed his flight, the airline could dock him a full day of FMLA time because it was physically impossible for him to go back to work — because his assigned plane was already airborne.

And, beginning July 1, employers should replace their workplace posters and medical certification forms. We will explore the new CFRA regulations in more depth in our Employment Law Update webinar, “The New CFRA Regulations and Other Family and Medical Leave Developments: What Employers Need to Know.” The webinar will be presented on two dates," .

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This is a welcome development for employers that have been struggling with the interplay between the newer FMLA rules (which received a major overhaul in 2008) and the older CFRA rules.

Changes made to more closely track the FMLA rules include updates to: The new CFRA regulations also make a number of other important modifications, including updates to the required workplace poster and a new medical certification form, as well as changes consistent with recent case law.

If, however, the employee's eligibility status has changed, the employer must notify the employee of the change in eligibility status within five business days, absent extenuating circumstances.

The employer must provide a designation notice for each different FMLA-qualifying reason.

The amended regulations clarify certain CFRA provisions and align the CFRA more closely with the federal Family and Medical Leave Act (“FMLA”), although important differences still remain between the two laws, both of which apply to employers with 50 or more employees. The updated CFRA regulations are geared largely at harmonizing employer’s responsibilities under CFRA and FMLA.