PHRca - Professional in Human Resources - California (PHRca) CA Leaves and Benefits 1 — Questions and Answers
Question 1: As of January 1, 2021, which of the following correctly describes the employer size threshold for California Family Rights Act (CFRA) coverage?
- Employers with 50 or more employees within a 75-mile radius
- Employers with 25 or more employees
- Employers with 5 or more employees statewide (Correct answer)
- All California employers regardless of size
Correct answer: Employers with 5 or more employees statewide
SB 1383 expanded CFRA coverage beginning January 1, 2021, to employers with 5 or more employees statewide, a significant reduction from the prior 50-employee threshold. Unlike FMLA, there is no 75-mile radius requirement under CFRA.
Question 2: Which of the following family relationships is covered for family care leave under the California Family Rights Act (CFRA) but is NOT recognized as a covered family member under the federal FMLA?
- Parent with a serious health condition
- Child under 18 with a serious health condition
- Registered domestic partner (Correct answer)
- Spouse undergoing surgery
Correct answer: Registered domestic partner
CFRA explicitly covers care for a registered domestic partner, which is not a covered relationship under the federal FMLA. This is one of the most significant differences between the two statutes and reflects California's broader recognition of family structures.
Question 3: Under California's State Disability Insurance (SDI) program, how is the weekly benefit amount generally calculated?
- A flat 50% of wages for all claimants
- 60-70% of wages based on the claimant's income level relative to the state average weekly wage (Correct answer)
- 80% of wages up to a maximum weekly benefit
- 100% of wages for the first two weeks, then 60% thereafter
Correct answer: 60-70% of wages based on the claimant's income level relative to the state average weekly wage
California SDI provides 60% of wages to higher earners and 70% of wages to lower-income workers, with the threshold based on the state average weekly wage. This tiered structure is designed to provide greater income replacement for lower-wage workers.
Question 4: Under California's Kin Care law (Labor Code Section 233), what is the maximum amount of accrued paid sick leave an employee may use in a calendar year to care for an ill family member?
- All of the employee's accrued sick leave
- Up to one-half of the employee's accrued annual sick leave entitlement (Correct answer)
- Up to three days per year, regardless of accrual
- Up to five days per year for a serious health condition only
Correct answer: Up to one-half of the employee's accrued annual sick leave entitlement
Labor Code Section 233 requires employers to allow employees to use up to one-half of their accrued sick leave entitlement per year for the care of a qualifying ill family member. The law applies to the same family members covered under the Healthy Workplaces, Healthy Families Act.
Question 5: Under California's bereavement leave law (AB 1949, effective January 1, 2023), which statement is accurate?
- All California employers must provide 10 days of paid bereavement leave per year
- Employers with 5 or more employees must allow up to 5 days of bereavement leave upon the death of a qualifying family member (Correct answer)
- Only employers with 50 or more employees are required to provide bereavement leave
- Bereavement leave is required only if the employee has completed 12 months of service
Correct answer: Employers with 5 or more employees must allow up to 5 days of bereavement leave upon the death of a qualifying family member
AB 1949 requires California employers with 5 or more employees to provide up to 5 days of bereavement leave following the death of a qualifying family member. The leave may be unpaid, though employees may use available accrued leave, and there is no minimum tenure requirement to be eligible.
Question 6: Under California's Military Spouse Leave law (Labor Code Section 395.10), how many days of unpaid leave may an eligible employee take when their spouse or registered domestic partner is deployed during a period of military conflict?
- 5 days
- 10 days (Correct answer)
- 15 days
- 30 days
Correct answer: 10 days
California Labor Code Section 395.10 entitles eligible employees — those who work for employers with 25 or more employees and whose spouse or registered domestic partner is a qualified military member — to take up to 10 days of unpaid leave during the period of qualified military conflict deployment.
PHRca - Professional in Human Resources - California (PHRca) CA Leaves and Benefits 1
As of January 1, 2021, which of the following correctly describes the employer size threshold for California Family Rights Act (CFRA) coverage?