New California DFEH App Relating to Child Bonding And Being pregnant-Associated Incapacity Go away – Employment and HR

To print this article, all you need to do is be registered or log in to

On March 24, 2021, the California Department for Fair Employment and Housing (DFEH) released a press release introducing the new app, which was developed in partnership with technology company Neota Logic and students at the University of California, Irvine. The free and interactive app is designed to help California employees get a job-safe vacation to bond with a new child or develop a pregnancy-related disability.

Under the California Family Rights Act (CFRA), insured employers are required to give eligible employees up to 12 weeks of sheltered vacation to bond with a new child, while California Disability Leave (PDL) can provide up to four months of vacation for pregnancy -related Disability. However, whether an employer is “covered”, the eligibility of the worker and the amount of vacation leave depend on certain requirements and qualifying events under applicable law and can create confusion for workers and employers as many people often do not understand the legal framework that governs the forms the basis for a job-protected vacation. The new app from DFEH is intended to simplify the process.

What this app does:

DFEH’s free app has an easy-to-use interface that requires the user to answer a series of yes or no questions and choose one of several specified options. The whole process takes less than five minutes and the user will receive a custom report that summarizes the employee’s vacation entitlement and the amount of vacation the employee may be entitled to. The report also provides guidance on vacation utilization, the employee’s obligations to the employer, the employer’s obligations to the employee, Frequently Asked Questions (FAQs), and links to additional resources.

While they’re designed for employees, employers can also use the app to verify that their current vacation policies are in compliance with California law. Due to the ever-evolving nature of labor law, an employer’s vacation policy can be out of date in just a few years, and this app could be a useful and quick reference for employers that is free. In fact, an employer can ask the employee to provide a copy of their custom report at the time the employee requests leave. (The user input is also saved in the report for verification purposes.)

What this app doesn’t do:

The app seems like an easy-to-reference guide to California law governing baby bonding or maternity leave for the disabled. It includes the employee’s eligibility, the maximum amount of vacation an employee can qualify for, and a general summary of the employee’s rights. However, it does not provide guidance on how to obtain sheltered leave for other qualifying events under the CFRA, such as: For example, for the employee’s own severe health status, for the care of a seriously ill family member or for other qualifying requirements relating to a close family member’s military service.

More importantly, the app does not “manage”, “process”, or track an employee’s vacation or return home and is not a substitute for the employer’s current human resources policy. Employers must continue to maintain their own compliant policies and records, and use a system to track the eligibility of each worker in accordance with state law. For example, the app does not track whether an employee has previously taken vacation under the CFRA within a period of 12 months, the duration of which affects the amount of vacation the employee is currently entitled to. Although a worker is entitled to a “maximum” of four months’ leave for a pregnancy-related disability, a worker may be entitled to additional leave as reasonable accommodation if the situation warrants it.

In summary, DFEH’s app is a free and easy-to-use tool that can complement an employer’s vacation policy for baby retention or pregnancy-related disabilities. The custom report can be a useful starting point to determine eligibility and get a general summary of rights and responsibilities. While useful, the app is currently limited to determining eligibility for only two types of vacation and is not a substitute for lawful employee accommodation procedures.

The free DFEH app can be accessed via the following link:

The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.

POPULAR ARTICLES ON: United States Employment and Workers

Comments are closed.