Employees undergoing chemotherapy or radiation treatments often find that their medical needs require significant time away from work. The intermittent leave provision under both the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) offers essential protection for these workers. These acts allow employees to take leave for health reasons without risking their jobs. However, to ensure that the leave is properly managed, certain medical certification requirements must be met.
This article will dive into what medical certifications are necessary for intermittent CFRA and FMLA leave for chemotherapy and radiation treatments. We will explore how these certifications are used, what information they must include, and the rights of employees seeking such leave in California.
What is CFRA and FMLA? 
The California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) are both laws that provide job protection for employees facing serious health conditions. These laws allow employees to take up to 12 weeks of unpaid leave per year for serious health conditions, which includes cancer treatments like chemotherapy and radiation. While FMLA is a federal law, CFRA is California’s state-specific version, and in many cases, the rights under CFRA offer more generous protections than the FMLA.
Under both laws, employees are entitled to job-protected leave. This means that an employee can take time off for medical reasons related to cancer treatment without fear of losing their job. It’s important to understand that this leave can be taken intermittently, meaning that employees can take leave in small increments as needed, rather than taking a long, continuous stretch of time off.
How Intermittent Leave Works for Cancer Treatments
Chemotherapy and radiation treatments can be demanding and often have unpredictable side effects. Intermittent leave allows employees to take time off in small blocks as needed. This could include taking leave for specific chemotherapy sessions, recovery time following treatment, or even time for necessary medical appointments related to cancer care.
For employees with cancer, this flexibility is vital. Treatments can leave patients feeling fatigued or unwell, making it impossible to work consistently. The intermittent leave provisions under CFRA and FMLA are therefore an essential way to protect workers undergoing cancer treatment, ensuring they have the flexibility they need while still maintaining job security.
Medical Certification Requirements for Intermittent Leave
Under both CFRA and FMLA, employees seeking intermittent leave for medical reasons are required to provide medical certification. This certification must be completed by a healthcare provider and should outline the medical necessity for the leave. While specific details of the patient’s condition or the precise treatment may not need to be disclosed, the certification must generally include:
- A statement that the employee has a serious health condition that requires treatment.
- A description of the medical facts related to the employee’s health condition.
- The expected duration of the employee’s condition, including how long and how often they will need to take leave.
- Whether the leave is continuous or intermittent.
The certification should provide sufficient information to confirm the need for leave without disclosing more detailed medical information than is necessary. It’s worth noting that an employee may be required to provide updated certifications if their condition changes over time, or if their leave is extended beyond what was initially anticipated.
How to Apply for CFRA and FMLA Leave for Cancer Treatment
Applying for CFRA and FMLA leave requires a few steps. First, employees must inform their employer about their need for leave. Under both CFRA and FMLA, employees should provide notice to their employer at least 30 days in advance if the need for leave is foreseeable (such as scheduled chemotherapy sessions). If the leave is unexpected, such as due to an emergency medical condition, employees should provide notice as soon as practicable.
Once the employer has been notified, the next step is to provide the necessary medical certification. The healthcare provider should complete the required form, which details the medical need for the leave and the expected duration. This form should be submitted to the employer within 15 calendar days of the employer’s request. If the employer requires a second opinion, they are entitled to request that the employee undergo a second examination by a healthcare provider they select.
It is important to note that while employees are entitled to take intermittent leave, employers may set certain limits on how the leave is taken. For example, an employer may require that employees take leave in full-day increments, but employees must be given the opportunity to take smaller blocks of time off if their treatment requires it.
Employer Responsibilities under CFRA and FMLA
California employers have certain obligations under both CFRA and FMLA. They are required to maintain an employee’s health benefits during the leave period and to reinstate the employee to the same or equivalent position once they return from leave. This protection applies to both intermittent and continuous leave, meaning that even if the leave is taken in small blocks, the employer cannot penalize the employee for taking medical leave.
Employers are also prohibited from retaliating against employees for taking leave under CFRA or FMLA. If an employer refuses to grant intermittent leave or terminates an employee for taking it, this could be considered an illegal act of retaliation.
What Happens If You Do Not Have the Required Certification?
Failure to provide medical certification may result in the delay or denial of intermittent leave. If the employer believes the certification is insufficient or missing critical information, they may request additional documentation. It is crucial that employees ensure they have the correct medical documentation, as required under CFRA and FMLA, to avoid any delays in taking the necessary time off.
Employers are allowed to verify the authenticity of medical certifications, but they are prohibited from requesting additional, unnecessary information. While an employer cannot ask for detailed medical records, they can require a general description of the medical need and the expected duration of the employee’s condition.
Employer Protections for Intermittent Leave
Under California law, it is also illegal for employers to interfere with or deny an employee’s right to take medical leave. For example, if an employee provides the required medical certification but the employer denies the leave or threatens the employee with termination for taking the time off, the employee could have grounds for a legal claim. California employees have strong protections against employer interference when it comes to taking medical leave, particularly for serious conditions such as cancer.
Additionally, California law provides more specific protections for employees taking leave under CFRA. For instance, CFRA allows workers to take leave for certain conditions not covered by the FMLA, such as parental leave and domestic violence leave, which gives it an edge in terms of comprehensive coverage.
Employees undergoing cancer treatments like chemotherapy or radiation often face significant challenges that require taking time off work. California’s CFRA and FMLA laws offer critical protection, ensuring that employees can take intermittent leave without fearing job loss. To take advantage of these protections, employees must ensure they provide the correct medical certifications from their healthcare providers.
If you are navigating the complex process of applying for intermittent CFRA or FMLA leave and have concerns about your rights, it’s important to seek legal advice to ensure that your rights are fully protected. The Myers Law Group is experienced in helping California employees understand their leave rights and can assist you with any questions or concerns related to medical certifications, job protection, and more.
Contact us today to schedule a consultation and ensure that your medical leave is handled appropriately.