ABD PowerPoint Template 2013pages.theabdteam.com/rs/209-OQW-293/images/2020_ABD... · 2021. 1. 18. · Provides 60% of employee’s earnings (or 70% depending on income) calculated

California 2020

1

Leaves Comparison Chart Federal and California Mandated LeavesThe following summary outlines the key provisions and coordination of the federal Family and Medical Leave Act, FMLA, and the California leave laws – California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL) and the new Parent Leave Act for employers with 20 or more employees (PLA).

Fast Facts – FMLA and CFRA

*CFRA includes registered domestic partners** CFRA does not include disability due to pregnancy

For more complete information on health benefits while on leave, check out our webinar.

Employers Employers with 50 or more employees within a 75 mile radius

Duration of Leave Up to 12 weeks during a 12 month period, or up to 26 weeks to care for an injured service member

Reason for Leave • Birth and care of a newborn child • Placement of an adopted or foster child with the employee• To care for an immediate family member* with a serious health condition• Employee’s own serious health condition (including incapacity due to

pregnancy**)

Eligibility Employed at least 12 months and at least 1,250 hours over the past 12 months

Benefits Under the same conditions as when active

Job Protection Employee must be restored to original or equivalent job with equivalent pay, benefits and other terms and conditions of employment

Compensation Unpaid – employee may be eligible for SDI, PFL or may use PTO, sick or vacation days

http://www.theabdteam.com/sites/default/files/content/presentation/file/ABD%20Office%20Hours--LOA%20Health%20Benefits%20FINAL%20Post_0.pdf

2

Leaves Comparison Chart Fast Facts – California Parent Leave Act

Fast Facts – California Pregnancy Disability Leave

Employers Employers with 20 or more employees within a 75 mile radius

Duration of Leave Up to 12 weeks during a 12 month period

Reason for Leave Bond with a new child within one year of the child’s birth, adoption, or foster care placement

Eligibility Employed at least 12 months and at least 1,250 hours over the past 12 months



Compensation Unpaid – employee may be eligible for SDI, PFL or may use PTO, sick or vacation days

Employers Employers with 5 or more employees

Duration of Leave Up to 17 1/3 weeks per pregnancy

Reason for Leave Disabled by pregnancy

Eligibility Female employees disabled by pregnancy



Compensation Unpaid – employee may be eligible for SDI, or may use PTO, sick or vacation days

3

Leaves Comparison Chart Birthing Mother: New Child Leave in CAJob Protection

Three Primary Job Protection Laws1. Pregnancy Disability Leave (PDL)2. Family and Medical Leave Act (FMLA)3. California Family Rights Act (CFRA)

Before Delivery: PDL is generally available four weeks before the due date

Standard Delivery: PDL is generally available for up to six weeks after childbirth• Typical total before/after PDL period of 10 weeks (2½ months)

C-Section Delivery: PDL is generally available for up to eight weeks after childbirth• Typical total before/after PDL period of 12 weeks (3 months)

Extended Disability: PDL is available for up to four months total (17 1/3 weeks) where the birth mother is determined disabled by a physician for a longer period before/after delivery.

Employee Pregnancy and Bonding with Child

Max

Leave

7 Mos

Weeks 0 1 4 8 12 17.3 20 24 29.3

Employee Pregnancy Disabil ity Period Bonding with Child Following Pregnancy Disabil ity

SDI (until no longer disabled up to 52 weeks maximum)

FMLA (Max 12 weeks) PFL (Max 8 weeks)

PDL (Max 17 1/3 weeks if employee is disabled due to pregnancy) CFRA (Max 12 weeks)

Theme colors

01558812835871281722182450128

0155881283587128172141540130

0155881283587128172931780133

BACK-GROUNDS, TEXTBACK-GROUNDS, TEXTTEXTTEXT FOR PAGE NUMBERS, FOOTERSDARK GREYUSED IN TOP ROW OF TABLES AND PLOTTINGUSED IN TABLES AND PLOTTINGUSED IN PLOTSLOGO AND HIGHLIGHT COLORUSED IN TABLES AND PLOTTINGHYPER-LINK FOL-LOWED HYPER-LINK

BLACK

Table for Pasting (2)

Ratings CompanyS&PMoody’sA.M. BestFitchTotal AssetsSurplusRatio

ACEAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Admiral InsuranceAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Allied World (AWAC)AA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Arch Insurance Co.AA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

AxisAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Argo InsuranceAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Beazley Insurance Co.AA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Berkley/MonitorAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Carolina CasualtyAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Caitlin InsuranceAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Chartis (AIG)AA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Chubb Insurance Co.AA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

CNAAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

C&F/ ValiantAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Freedom SpecialtyAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Great AmericanAA- (Stable)AA- (Stable)AA- (Stable)AA- (Stable)$178,958M$178,958M102.60%

Sheet3

Employee's Own Medical DisabilityEmployee C-Section Pregnancy and Bonding with Child NJ

Pre-birthPost-birth

FMLA (Max 12 weeks) NJ TDI (4 wks) NJ TDI (8 wks)NJ FLA

FMLA (Max 12 weeks)

NJ FLI (Paid leave)

Weeks014812

Weeks0148101224

Employee Leave for Dependent Medical DisabilityNon Birthing Mother/Paternity

FMLA (Max 12 weeks) NJ FLA

FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks014812

Weeks014681012

Employee Normal Pregnancy (no complications) and Bonding with ChildEmployee Normal Pregnancy and Bonding with Child NJ

Pre-birthPost-birthPre-birthPost-birth

MA PLA (4 wks) MA PLA (4 wks)NJ TDI (4 wks) NJ TDI (6 wks)NJ FLA

FMLA (Max 12 weeks) FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks01481012Weeks014810121622

Employee Normal Pregnancy (with complications pre-birth) and Bonding with ChildEmployee Normal Pregnancy (with complications pre-birth) and Bonding with Child

Pre-birthPost-birth

ER Provided STD ER Provided STD

FMLA FMLA

Weeks01481012Weeks01481012

Employee Normal Pregnancy with Twins (no complications) and Bonding with Child

Pre-birthPost-birth

ER Provided STDFMLA (Max 12 weeks)

MA PLA (4 wks) MA PLA (4 wks)NJ TDI (Max 26 weeks)

FMLA (Max 12 weeks)

Weeks014681012

Weeks01481012

Parent's New Child Bonding Period

New ChildMA PLA

Born, AdoptedFMLA (Max 12 weeks)

Weeks014812

Employee Normal Pregnancy (no complications) with Cesarian Delivery and Bonding with ChildCT Employee paternity, non birthing mother.

Pre-birthPost-birth

ER Provided STD

MA PLA (4 wks) MA PLA (4 wks)CT FMLA (Max 16 weeks)


Weeks01481012Weeks0148101216

Employee Normal Pregnancy (no complications) and Bonding with ChildCT Employee pregnancy Cesarian Secion

Pre-birthPost-birthPre-birthPost-birthBonding with Child Following Pregnancy Disability

ER Provided STDCT PDL

CT FMLA (Max 16 weeks)

FMLA (Max 12 weeks)

Weeks01481012

Weeks0148101216

Employee Normal Pregnancy with Twins (no complications) and Bonding with ChildCT Employee normal pregnancy



MA PLA Child 1 (8 wks)MA PLA Child 2 (8 weeks)CT FMLA (Max 16 weeks)


Weeks0148101216Weeks0148101216

RI Employee normal pregnancy

Pre-birthPost-birthBonding with Child Following Pregnancy DisabilityNon Birth Mother/Paternity RI

RI TDIRI TCI

RI PFMLA (Max 13 weeks)RI PFLMA


RI TCI

Weeks014810121314Weeks01468101213

Employee's own Disabilty

RI Employee c-section pregnancy

RI PFLMAPre-birthPost-birthBonding with Child Following Pregnancy Disability

FMLA (Max 12 weeks) RI TDIRI TCI

RI TDI (Max 30 weeks)RI PFMLA (Max 13 weeks)

FMLA (Max 12 weeks)

Weeks01468101213

Weeks01481012131416

Colorado

NAWI Birthing mother

CO FCAPre-BirthBirthBonding

FMLA (Max 12 weeks) WI FMLAWI FMLA

FMLA (Max 12 weeks)

Weeks014681012

Weeks012468101216

WI FMLA

FMLA (Max 12 weeks)

WI Birthing mother c-section

Weeks0124681012Pre-BirthBirthBonding

WI FMLAWI FMLA

WI Serious Health condition of employee or dependentFMLA (Max 12 weeks)

WI FMLAWeeks012468101218

FMLA (Max 12 weeks)

Weeks0124681012

DC birthing mother normal deliveryDC non birthing/paternity

Pre-BirthBirthBonding

DC FMLADC FMLADC FMLADC FMLA


Weeks012468101216Weeks01246810121416

DC birthing mother C section delivery

Pre-BirthBirthBondingMD birthing Mother

DC FMLADC FMLADC FMLA

FMLA (Max 12 weeks) Pre-birthPost BirthBonding

FMLA (Max 12 weeks)

Weeks012468101216

Weeks0124681012

Pre-BirthPost Birth

FMLA (Max 12 weeks)

FMLA (Max 12 weeks)

Weeks0124681012

MD PLAWeeks0124681012

Weeks01246

Effective 2020

Employee Pregnancy and Bonding with Child WAPregnancy with standard deliveryPregnancy with C section

Pre-birthPost-birth

WA PFMLPre-birthPost Birth Standard DeliveryBondingPre-birthPost Birth c-section DeliveryBonding

FMLA (12 weeks maximum)WA PFML WA PFML WA PFML WA PFML WA PFML WA PFML


Weeks0148101218

Weeks012468101216Weeks012468101216

NV

WA PFML (Max 12 weeks)

FMLA (Max 12 weeks) Pre-birthPost Birth Standard DeliveryBonding

NV PWFANV PWFA

FMLA (Max 12 weeks)

Weeks0124681012

Weeks0124681012

MN

Pre-birthPost Birth C-Section Delivery

MN PLA (Max 12 weeks)NV PWFANV PWFA


Weeks0124681012Weeks0124681012

MN

Pre-birthPost-birth standard delivery

MN PLAMN PLA BondingMT

FMLA (12 weeks maximumPre-birthPost Birth Standard DeliveryBonding

MT DiscriminationMT Discrimination

Weeks01481012FMLA (Max 12 weeks)

Pre-birthPost-birth c-section deliveryWeeks0124681012

MN PLAMN PLA

FMLA (12 weeks maximum)

Weeks01481012

Pre-birthPost Birth Cesarean Delivery

MN MT DiscriminationMT Discrimination

FMLA (Max 12 weeks)

MN PLA (Max 12 weeks)Weeks0124681012

Weeks0124681012

Employee Pregnancy with c section and Bonding with Child HI

Pre-birthPost-birthEmployee Normal Pregnancy and Bonding with Child HI

HI TDIHI TDI HFLLPre-birthPost-birth

FMLA (12 weeks maximumHI TDIHI TDI

FMLA (12 weeks maximum

Weeks0148101216

Weeks01481012


Employee Normal Pregnancy and Bonding with Child LA

HFLLPre-birthPost-birth

FMLA (Max 12 weeks)LA PDL


Weeks0124681012

Weeks01481012

Employee Normal Pregnancy and Bonding with Child HI

Pre-birthPost-birthEmployee Pregnancy with c-section and Bonding with Child LA


FMLA (12 weeks maximumLA PDL


Weeks014810121416

Weeks01481012

HI TDI (Max 26 weeks)

FMLA (Max 12 weeks)

Weeks0124681012

Employee Pregnancy with c-section and Bonding with Child ME

Pre-birthPost-birth

ME FMLRME FMLR

FMLA (12 weeks maximumME FMLR (Max 10 weeks)

FMLA (Max 12 weeks)

Weeks01481012

Weeks0124681012

Pre-birthPost-birthBonding

VT PFLAVT PFLAVT PFLAEmployee Pregnancy with c-section and Bonding with Child VT

FMLA (12 weeks maximumPre-birthPost-birth

VT PFLAVT PFLA

Weeks01481012FMLA (12 weeks maximum

Weeks014810

VT PFLA (Max 12 weeks)

FMLA (Max 12 weeks)

Weeks0124681012

Employee's Own Medical Quarantine NJ

NJ ESL

EPSL

NJ FLA (Max 12 weeks)

Emergency FMLA

Weeks0124681012


NJ PSL

EPSL

NJ TDI (Max 26 Weeks)

Weeks01246810122628

NJ PSL

EPSL

NJ FLI (Max 6 weeks)

Emergency FMLA

Weeks012468101218

CA NY


Employee Pregnancy Disability PeriodBonding with Child Following Pregnancy Disability

SDI (until no longer disabled up to 52 weeks maximum)Max

FMLA (Max 12 weeks) PFL (Max 8 weeks)Leave

PDL (Max 17 1/3 weeks if employee is disabled due to pregnancy)CFRA (Max 12 weeks)7 Mos

Weeks01481217.3202429.3

Employee Pregnancy Disability with no FMLA

SDI (until no longer disabled up to maximum 52 weeks)

PDL (Max 17 1/3 weeks if employee is disabled due to pregnancy)PFL (Max 6 weeks)

Weeks01481217.3202429.3

Employee's Own Medical Disability

SDI (Max 52 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812

Employee Leave for Dependent Medical Disability

PFL (Max 6 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812

Employee Pregnancy Disability and Bonding - Small Employer (20 or more employees)

SDI (until no longer disabled - max 52 weeks)PLA (Max 12 weeks)


Weeks01481217.3202429.3

Employee Normal Pregnancy and Bonding with Child

Pre-birthPost-birth

SDI (4 wks )(6 wks after)


PDL CFRA (Max 12 weeks)

Weeks0148101217.3182022


Pre-birthPost-birth

SDI (4 wks)(6 wks after)

PDL PFL (Max 6 weeks)

Weeks0148101216

Employee Pregnancy with Bonding with Child Small Company

Pre-birthPost-birth

SDI (4 wks)(6 wks after)PFL (Max 6 weeks)

PDL PLA (Max 12 weeks)

Weeks0148101216182022

Employee Cesarean Delivery and Bonding with Child

Pre-birthPost-birth




Weeks0148101217.318202224


Pre-birthPost-birth



Weeks0148101218



Pre-birthPost-birthMaximum

SDI 7 mo. Leave


PDL (Max 17 1/3 weeks if employee is disabled due to pregnancy)CFRA (Max 12 weeks)

Weeks01481217.3202429.3


New ChildPFL (Max 8 weeks)

Born, AdoptedFMLA (Max 12 weeks) Maximum

or Foster CareCFRA (Max 12 weeks)3 mo. Leave

Placement

Weeks014812

Pre-birthPost-birth

ER paid difference between SDI/PFL/STD and full salary


PFL (Max 6 weeks)

FMLA (Max 12 weeks)


Weeks014810121617.3182022

Employee Normal Pregnancy and Bonding with Child in NY


Pre-birthPost-birth

DBL (4 wks )DBL (6 wks after)NY PFL (Max 8 weeks)

FMLA (Max 12 weeks)

Weeks0148101218

Parent's New Child Bonding Period NY

PaternityPFL (Max 8 weeks 2018)

AdoptionFMLA (Max 12 weeks) Maximum

Placement

Weeks014812

Employee Normal Pregnancy and Bonding with Child in NY no fmla


Pre-birthPost-birth


Weeks0148101218

Employee Cesarean Deliver and Bonding with Child in NY

Pre-birthPost-birth

NY DBL (4 wks )NY DBL (8 wks after)

FMLANY PFL (Max 8 weeks)

Weeks0148101220

Employee's Own Medical Disability NY

NY DBL (duration of quarantine)

EPSL

NY Paid Family Leave

Weeks0124810


FMLA (Max 12 weeks)

Weeks014812


10 daysEPSL

NY State Disability

5 - 14 days NY PSL


012481012



FMLA (Max 12 weeks)

Weeks01481012

10 daysEPSL

FMLA


012481012

4

Leaves Comparison Chart Birthing Mother: New Child Leave in CAJob Protection

Three Primary Job Protection Laws1. Pregnancy Disability Leave (PDL)2. Family and Medical Leave Act (FMLA)3. California Family Rights Act (CFRA)

Baby Bonding: FMLA and CFRA both provide up to 12 weeks of new child bonding

PDL/CFRA Not-Concurrent: CFRA does not run concurrently with PDL (FMLA does)• Means employee has another full 12 weeks of CFRA job protection for baby bonding available after PDL period

Most Common Result: Employees will have job-protected leave available for the full 10- or 12-week PDL period (including before birth) plus 12 weeks CFRA new child bonding• Total Standard Delivery Job-Protected Leave: 5½ months of PDL & FMLA/CFRA job-protected leave (disability and baby bonding)• Total C-Section Delivery Job-Protected Leave: 6 months of PDL & FMLA/CFRA job-protected leave (disability and baby bonding)


Max

Leave

7 Mos

Weeks 0 1 4 8 12 17.3 20 24 29.3





Theme colors

01558812835871281722182450128

0155881283587128172141540130

0155881283587128172931780133


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Sheet3


Pre-birthPost-birth


FMLA (Max 12 weeks)

NJ FLI (Paid leave)

Weeks014812

Weeks0148101224



FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks014812

Weeks014681012





NJ FLI (paid leave)

Weeks01481012Weeks014810121622


Pre-birthPost-birth


FMLA FMLA

Weeks01481012Weeks01481012


Pre-birthPost-birth



FMLA (Max 12 weeks)

Weeks014681012

Weeks01481012


New ChildMA PLA


Weeks014812


Pre-birthPost-birth

ER Provided STD



Weeks01481012Weeks0148101216





FMLA (Max 12 weeks)

Weeks01481012

Weeks0148101216






Weeks0148101216Weeks0148101216



RI TDIRI TCI



RI TCI

Weeks014810121314Weeks01468101213






FMLA (Max 12 weeks)

Weeks01468101213

Weeks01481012131416

Colorado




FMLA (Max 12 weeks)

Weeks014681012

Weeks012468101216

WI FMLA

FMLA (Max 12 weeks)



WI FMLAWI FMLA



FMLA (Max 12 weeks)

Weeks0124681012





Weeks012468101216Weeks01246810121416





FMLA (Max 12 weeks)

Weeks012468101216

Weeks0124681012

Pre-BirthPost Birth

FMLA (Max 12 weeks)

FMLA (Max 12 weeks)

Weeks0124681012


Weeks01246

Effective 2020


Pre-birthPost-birth




Weeks0148101218

Weeks012468101216Weeks012468101216

NV



NV PWFANV PWFA

FMLA (Max 12 weeks)

Weeks0124681012

Weeks0124681012

MN




Weeks0124681012Weeks0124681012

MN







MN PLAMN PLA


Weeks01481012



FMLA (Max 12 weeks)


Weeks0124681012






Weeks0148101216

Weeks01481012






Weeks0124681012

Weeks01481012






Weeks014810121416

Weeks01481012


FMLA (Max 12 weeks)

Weeks0124681012


Pre-birthPost-birth

ME FMLRME FMLR


FMLA (Max 12 weeks)

Weeks01481012

Weeks0124681012




VT PFLAVT PFLA


Weeks014810


FMLA (Max 12 weeks)

Weeks0124681012


NJ ESL

EPSL


Emergency FMLA

Weeks0124681012


NJ PSL

EPSL


Weeks01246810122628

NJ PSL

EPSL


Emergency FMLA

Weeks012468101218

CA NY






Weeks01481217.3202429.3




Weeks01481217.3202429.3


SDI (Max 52 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812


PFL (Max 6 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812




Weeks01481217.3202429.3


Pre-birthPost-birth




Weeks0148101217.3182022


Pre-birthPost-birth



Weeks0148101216


Pre-birthPost-birth



Weeks0148101216182022


Pre-birthPost-birth




Weeks0148101217.318202224


Pre-birthPost-birth



Weeks0148101218




SDI 7 mo. Leave



Weeks01481217.3202429.3





Placement

Weeks014812

Pre-birthPost-birth



PFL (Max 6 weeks)

FMLA (Max 12 weeks)


Weeks014810121617.3182022



Pre-birthPost-birth


FMLA (Max 12 weeks)

Weeks0148101218




Placement

Weeks014812



Pre-birthPost-birth


Weeks0148101218


Pre-birthPost-birth



Weeks0148101220



EPSL


Weeks0124810


FMLA (Max 12 weeks)

Weeks014812


10 daysEPSL

NY State Disability

5 - 14 days NY PSL


012481012



FMLA (Max 12 weeks)

Weeks01481012

10 daysEPSL

FMLA


012481012

5

Leaves Comparison Chart Birthing Mother: New Child Leave in CAPartial Wage Replacement

Two Primary Partial Wage Replacement Laws1. California State Disability Insurance (SDI)2. California Paid Family Leave (PFL)

Disability Period: California SDI provides 60% of employee’s earnings (or 70% depending on income) calculated over a 12-month base period (roughly 5 to 8 months before the disability claim begins) • Generally pays up to 4 weeks prior to delivery, but will begin as soon as the birthing mother is certified as disabled. • 2020 maximum benefit amount is capped at $1,300 based on a taxable wage limit of $122,909

Baby Bonding Period: PFL paid at same rate as SDI for up to 8 weeks of baby bonding (typically 60% or 70% depending on income up to wage limit ) for claims beginning on or after July 1, 2020. Claims beginning prior to July 1will be eligible for up to 6 weeks of baby bonding.• No waiting period in transition from SDI to PFL

Most Common Result:• Total Standard Delivery Partial Wage Replacement: Up to 4 months of SDI and PFL (2½ months SDI, 1½ months PFL)• Total C-Section Delivery Partial Wage Replacement: Up to 4 ½ months of SDI and PFL (3 months SDI, 1½ months PFL)SF PPLO Note: If the employee works in San Francisco and meets the requirements under PPL, the employee will receive up to 100% of her salary while on PFL capped at $2,167 per week in 2020 (60% from PFL and 40% from the employer). SF PPLO increases to 8 weeks for claims beginning on or after July 1, 2020. Claims beginning prior to July 1, 2020 will be eligible for 6 weeks PPLO.


Max

Leave

7 Mos

Weeks 0 1 4 8 12 17.3 20 24 29.3





Theme colors

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0155881283587128172141540130

0155881283587128172931780133


BLACK



















Sheet3


Pre-birthPost-birth


FMLA (Max 12 weeks)

NJ FLI (Paid leave)

Weeks014812

Weeks0148101224



FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks014812

Weeks014681012





NJ FLI (paid leave)

Weeks01481012Weeks014810121622


Pre-birthPost-birth


FMLA FMLA

Weeks01481012Weeks01481012


Pre-birthPost-birth



FMLA (Max 12 weeks)

Weeks014681012

Weeks01481012


New ChildMA PLA


Weeks014812


Pre-birthPost-birth

ER Provided STD



Weeks01481012Weeks0148101216





FMLA (Max 12 weeks)

Weeks01481012

Weeks0148101216






Weeks0148101216Weeks0148101216



RI TDIRI TCI



RI TCI

Weeks014810121314Weeks01468101213






FMLA (Max 12 weeks)

Weeks01468101213

Weeks01481012131416

Colorado




FMLA (Max 12 weeks)

Weeks014681012

Weeks012468101216

WI FMLA

FMLA (Max 12 weeks)



WI FMLAWI FMLA



FMLA (Max 12 weeks)

Weeks0124681012





Weeks012468101216Weeks01246810121416





FMLA (Max 12 weeks)

Weeks012468101216

Weeks0124681012

Pre-BirthPost Birth

FMLA (Max 12 weeks)

FMLA (Max 12 weeks)

Weeks0124681012


Weeks01246

Effective 2020


Pre-birthPost-birth




Weeks0148101218

Weeks012468101216Weeks012468101216

NV



NV PWFANV PWFA

FMLA (Max 12 weeks)

Weeks0124681012

Weeks0124681012

MN




Weeks0124681012Weeks0124681012

MN







MN PLAMN PLA


Weeks01481012



FMLA (Max 12 weeks)


Weeks0124681012






Weeks0148101216

Weeks01481012






Weeks0124681012

Weeks01481012






Weeks014810121416

Weeks01481012


FMLA (Max 12 weeks)

Weeks0124681012


Pre-birthPost-birth

ME FMLRME FMLR


FMLA (Max 12 weeks)

Weeks01481012

Weeks0124681012




VT PFLAVT PFLA


Weeks014810


FMLA (Max 12 weeks)

Weeks0124681012


NJ ESL

EPSL


Emergency FMLA

Weeks0124681012


NJ PSL

EPSL


Weeks01246810122628

NJ PSL

EPSL


Emergency FMLA

Weeks012468101218

CA NY






Weeks01481217.3202429.3




Weeks01481217.3202429.3


SDI (Max 52 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812


PFL (Max 6 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812




Weeks01481217.3202429.3


Pre-birthPost-birth




Weeks0148101217.3182022


Pre-birthPost-birth



Weeks0148101216


Pre-birthPost-birth



Weeks0148101216182022


Pre-birthPost-birth




Weeks0148101217.318202224


Pre-birthPost-birth



Weeks0148101218




SDI 7 mo. Leave



Weeks01481217.3202429.3





Placement

Weeks014812

Pre-birthPost-birth



PFL (Max 6 weeks)

FMLA (Max 12 weeks)


Weeks014810121617.3182022



Pre-birthPost-birth


FMLA (Max 12 weeks)

Weeks0148101218




Placement

Weeks014812



Pre-birthPost-birth


Weeks0148101218


Pre-birthPost-birth



Weeks0148101220



EPSL


Weeks0124810


FMLA (Max 12 weeks)

Weeks014812


10 daysEPSL

NY State Disability

5 - 14 days NY PSL


012481012



FMLA (Max 12 weeks)

Weeks01481012

10 daysEPSL

FMLA


012481012

6

Paternity and Non-Birthing Maternity

Paternity and Non-Birthing Maternity:• FMLA and CFRA Job Protection: Employee will have up to 12 weeks (3 months) of job protection for new child bonding through

concurrent FMLA/CFRA rights

• Paid Family Leave (PFL) Partial Wage Replacement: Provides 60% of employee’s earnings (or 70% depending on income) calculated over a 12 month base period (roughly 5 to 18 months before the PFL claim begins) for up to eight weeks of new child bonding for leaves beginning on or after July 1, 2020. Claims beginning prior to July 1, 2020 will paid for a maximum of 6 weeks.

•• 2020 maximum benefit amount is capped at $1,300 based on a taxable wage limit of $122,909

Most Common Result:• Paternity Leave Job Protection: New fathers can take protected bonding leave for up to 12 weeks (3 months)• Non-Birthing Maternity Leave (Adoption, Foster Care, Surrogacy): Same as paternity leave (because no pregnancy disability)• Partial Wage Replacement: Non-birthing parents of a new child are eligible for up to 8 weeks for new child bonding (two thirds of the

period in which they enjoy job protection) for claims beginning on or after July 1, 2020. Claims beginning prior to July 1 are eligible for 6 weeks of Paid Family Leave.

SF PPLO Note: If the employee works in San Francisco and meets the requirements under PPL, the employee will receive up to 100% of his or her salary while on PFL capped at $2,167 per week in 2020 (60% from PFL and 40% from the employer). SF PPLO also increases to 8 weeks for claims beginning on or after July 1, 2020.

Leaves Comparison ChartParent's New Child Bonding Period

New ChildBorn, Adopted Maximumor Foster Care 3 mo. LeavePlacement

Weeks 0 1 4 8 12

PFL (Max 8 weeks)FMLA (Max 12 weeks) CFRA (Max 12 weeks)

Theme colors

01558812835871281722182450128

0155881283587128172141540130

0155881283587128172931780133


BLACK



















Sheet3


Pre-birthPost-birth


FMLA (Max 12 weeks)

NJ FLI (Paid leave)

Weeks014812

Weeks0148101224



FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks014812

Weeks014681012





NJ FLI (paid leave)

Weeks01481012Weeks014810121622


Pre-birthPost-birth


FMLA FMLA

Weeks01481012Weeks01481012


Pre-birthPost-birth



FMLA (Max 12 weeks)

Weeks014681012

Weeks01481012


New ChildMA PLA


Weeks014812


Pre-birthPost-birth

ER Provided STD



Weeks01481012Weeks0148101216





FMLA (Max 12 weeks)

Weeks01481012

Weeks0148101216






Weeks0148101216Weeks0148101216



RI TDIRI TCI



RI TCI

Weeks014810121314Weeks01468101213






FMLA (Max 12 weeks)

Weeks01468101213

Weeks01481012131416

Colorado




FMLA (Max 12 weeks)

Weeks014681012

Weeks012468101216

WI FMLA

FMLA (Max 12 weeks)



WI FMLAWI FMLA



FMLA (Max 12 weeks)

Weeks0124681012





Weeks012468101216Weeks01246810121416





FMLA (Max 12 weeks)

Weeks012468101216

Weeks0124681012

Pre-BirthPost Birth

FMLA (Max 12 weeks)

FMLA (Max 12 weeks)

Weeks0124681012


Weeks01246

Effective 2020


Pre-birthPost-birth




Weeks0148101218

Weeks012468101216Weeks012468101216

NV



NV PWFANV PWFA

FMLA (Max 12 weeks)

Weeks0124681012

Weeks0124681012

MN




Weeks0124681012Weeks0124681012

MN







MN PLAMN PLA


Weeks01481012



FMLA (Max 12 weeks)


Weeks0124681012






Weeks0148101216

Weeks01481012






Weeks0124681012

Weeks01481012






Weeks014810121416

Weeks01481012


FMLA (Max 12 weeks)

Weeks0124681012


Pre-birthPost-birth

ME FMLRME FMLR


FMLA (Max 12 weeks)

Weeks01481012

Weeks0124681012




VT PFLAVT PFLA


Weeks014810


FMLA (Max 12 weeks)

Weeks0124681012


NJ ESL

EPSL


Emergency FMLA

Weeks0124681012


NJ PSL

EPSL


Weeks01246810122628

NJ PSL

EPSL


Emergency FMLA

Weeks012468101218

CA NY






Weeks01481217.3202429.3




Weeks01481217.3202429.3


SDI (Max 52 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812


PFL (Max 6 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812




Weeks01481217.3202429.3


Pre-birthPost-birth




Weeks0148101217.3182022


Pre-birthPost-birth



Weeks0148101216


Pre-birthPost-birth



Weeks0148101216182022


Pre-birthPost-birth




Weeks0148101217.318202224


Pre-birthPost-birth



Weeks0148101218




SDI 7 mo. Leave



Weeks01481217.3202429.3





Placement

Weeks014812

Pre-birthPost-birth



PFL (Max 6 weeks)

FMLA (Max 12 weeks)


Weeks014810121617.3182022



Pre-birthPost-birth


FMLA (Max 12 weeks)

Weeks0148101218




Placement

Weeks014812



Pre-birthPost-birth


Weeks0148101218


Pre-birthPost-birth



Weeks0148101220



EPSL


Weeks0124810


FMLA (Max 12 weeks)

Weeks014812


10 daysEPSL

NY State Disability

5 - 14 days NY PSL


012481012



FMLA (Max 12 weeks)

Weeks01481012

10 daysEPSL

FMLA


012481012

7

CFRA Coordination with FMLALeave taken by an employee under CFRA runs concurrently with FMLA, except where leave is taken under FMLA for disability due to pregnancy, childbirth or related medical conditions. Leave for pregnancy or pregnancy-related disability counts only toward the employee’s FMLA leave entitlement (as well as toward PDL, as discussed below) and not toward the leave rights granted under CFRA. This is because CFRA specifically excludes leave taken for disability due to pregnancy, childbirth, or related medical conditions as a serious health condition of the employee. As a result, an employee who exhausts FMLA (and PDL) for a pregnancy-related disability is still entitled to leave under CFRA in order to bond with the newborn child.

PDL Coordination with FMLA and CFRAThe FMLA treats any period of incapacity due to pregnancy or for prenatal care as a serious health condition which entitles the employee to leave. As a result, leave taken for pregnancy- related disability will count toward both the employee’s FMLA and PDL entitlements (so the leave periods will run concurrently).

However, because CFRA does not include leave taken for disability due to pregnancy, childbirth or related medical conditions as a serious health condition of the employee, PDL does not run concurrently with leave under CFRA. As a result, an eligible employee who is certified to take the full 17 1/3 weeks of PDL (concurrently with the 12 weeks of FMLA) and then 12 weeks of CFRA for baby bonding, will have a combined total of 7 months of leave.

San Francisco Paid Parental LeaveEmployees who work at least 8 hours per week in San Francisco, and work at least 40% of their weekly hours in San Francisco are eligible to receive up to 100% of their weekly wages during the CA PFL new child bonding period capped at $2,167 for 2020 (60% from PFL and 40% from the employer). For more information see our webinar.

Leaves Comparison Chart

http://www.theabdteam.com/sites/default/files/content/presentation/file/ABD%20Office%20Hours--SF%20PPLO%20Review%20final_0.pdf

8

Example 1 – Pregnancy with Standard DeliverySally is a California based employee of XYZ Corp. and has been employed there for over a year. She has requested pregnancy leave and has asked how much time she will be able to take off from work and what pay she will receive. XYZ employs over 50 employees within a 75-mile radius.

Sally will be eligible for the following federal and state job-protected leaves: FMLA, PDL and CFRA.Sally will be eligible for the following state wage replacement benefits: SDI and PFL.

Generally, an employee on pregnancy disability is eligible for up to four weeks disability prior to delivery and six weeks following for a standard delivery (8 weeks for cesarean). She will be eligible for 12 weeks of baby bonding protection thereafter.

Three Primary Job Protection Laws1. Family and Medical Leave Act (FMLA): Up to 12 weeks (runs concurrently with PDL)2. Pregnancy Disability Leave (PDL): Generally 4 weeks prior to birth, 6 weeks after birth (10 weeks total)3. California Family Rights Act (CFRA): Up to 12 weeks (does not run concurrently with PDL)

Two Primary Partial Wage Replacement Laws1. California State Disability Insurance (SDI): Provides 60% (or 70% depending on income) of employee’s earnings, capped at $1,300

per week (based on a taxable wage limit of $122,909)2. California Paid Family Leave (PFL): Paid at the same rate as SDI. For claims beginning on or after July 1, 2020, provides 8 weeks

paid leave. Claims beginning prior to July 1, 2020 eligible for a maximum of 6 weeks paid leave

SF PPLO Note: If the employee works in San Francisco and meets the requirements under PPL, the employee will receive up to 100% of her salary while on PFL capped at $2,167 per week in 2020 (60% from PFL and 40% from the employer). SF PPLO increases to 8 weeks for claims beginning on or after July 1, 2020. Claims beginning prior to July 1, 2020 will be eligible for 6 weeks PPLO.


Pre-birth Post-birth

Weeks 0 1 4 8 10 12 17.3 18 20 22

PFL (Max 8 weeks)FMLA (Max 12 weeks) PDL CFRA (Max 12 weeks)

SDI (4 wks ) (6 wks after)

Theme colors

01558812835871281722182450128

0155881283587128172141540130

0155881283587128172931780133


BLACK



















Sheet3


Pre-birthPost-birth


FMLA (Max 12 weeks)

NJ FLI (Paid leave)

Weeks014812

Weeks0148101224



FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks014812

Weeks014681012





NJ FLI (paid leave)

Weeks01481012Weeks014810121622


Pre-birthPost-birth


FMLA FMLA

Weeks01481012Weeks01481012


Pre-birthPost-birth



FMLA (Max 12 weeks)

Weeks014681012

Weeks01481012


New ChildMA PLA


Weeks014812


Pre-birthPost-birth

ER Provided STD



Weeks01481012Weeks0148101216





FMLA (Max 12 weeks)

Weeks01481012

Weeks0148101216






Weeks0148101216Weeks0148101216



RI TDIRI TCI



RI TCI

Weeks014810121314Weeks01468101213






FMLA (Max 12 weeks)

Weeks01468101213

Weeks01481012131416

Colorado




FMLA (Max 12 weeks)

Weeks014681012

Weeks012468101216

WI FMLA

FMLA (Max 12 weeks)



WI FMLAWI FMLA



FMLA (Max 12 weeks)

Weeks0124681012





Weeks012468101216Weeks01246810121416





FMLA (Max 12 weeks)

Weeks012468101216

Weeks0124681012

Pre-BirthPost Birth

FMLA (Max 12 weeks)

FMLA (Max 12 weeks)

Weeks0124681012


Weeks01246

Effective 2020


Pre-birthPost-birth




Weeks0148101218

Weeks012468101216Weeks012468101216

NV



NV PWFANV PWFA

FMLA (Max 12 weeks)

Weeks0124681012

Weeks0124681012

MN




Weeks0124681012Weeks0124681012

MN







MN PLAMN PLA


Weeks01481012



FMLA (Max 12 weeks)


Weeks0124681012






Weeks0148101216

Weeks01481012






Weeks0124681012

Weeks01481012






Weeks014810121416

Weeks01481012


FMLA (Max 12 weeks)

Weeks0124681012


Pre-birthPost-birth

ME FMLRME FMLR


FMLA (Max 12 weeks)

Weeks01481012

Weeks0124681012




VT PFLAVT PFLA


Weeks014810


FMLA (Max 12 weeks)

Weeks0124681012


NJ ESL

EPSL


Emergency FMLA

Weeks0124681012


NJ PSL

EPSL


Weeks01246810122628

NJ PSL

EPSL


Emergency FMLA

Weeks012468101218

CA NY






Weeks01481217.3202429.3




Weeks01481217.3202429.3


SDI (Max 52 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812


PFL (Max 6 weeks)

FMLA (Max 12 weeks)

CFRA (Max 12 weeks)

Weeks014812




Weeks01481217.3202429.3


Pre-birthPost-birth




Weeks0148101217.3182022


Pre-birthPost-birth



Weeks0148101216


Pre-birthPost-birth



Weeks0148101216182022


Pre-birthPost-birth




Weeks0148101217.318202224


Pre-birthPost-birth



Weeks0148101218




SDI 7 mo. Leave



Weeks01481217.3202429.3





Placement

Weeks014812

Pre-birthPost-birth



PFL (Max 6 weeks)

FMLA (Max 12 weeks)


Weeks014810121617.3182022



Pre-birthPost-birth


FMLA (Max 12 weeks)

Weeks0148101218




Placement

Weeks014812



Pre-birthPost-birth


Weeks0148101218


Pre-birthPost-birth



Weeks0148101220



EPSL


Weeks0124810


FMLA (Max 12 weeks)

Weeks014812


10 daysEPSL

NY State Disability

5 - 14 days NY PSL


012481012



FMLA (Max 12 weeks)

Weeks01481012

10 daysEPSL

FMLA


012481012

9

Example 2 – Pregnancy with Standard Delivery – No FMLA/CFRAJane is a California based employee of XYZ Corp. and has been employed there for six months. She has requested pregnancy leave and has asked how much time she will be able to take off from work and what pay she will receive.

Jane will be eligible for the following federal and state job-protected leaves: PDL.Jane will be eligible for the following state wage replacement benefits: SDI and PFL.

Generally, an employee on pregnancy disability is eligible for up to four weeks disability prior to delivery and six weeks following for a standard delivery (8 weeks for cesarean). In this case, Jane is not eligible for baby bonding job protection after the disability period.

Job ProtectionPregnancy Disability Leave (PDL): Generally 4 weeks prior to birth, 6 weeks after birth (10 weeks total)

Two Primary Partial Wage Replacement Laws1. California State Disability Insurance (SDI): Provides 60% (or 70% depending on income) of employee’s earnings, capped at $1,300

per week based on a taxable wage limit of $122,909. 2. California Paid Family Leave (PFL): Paid at the same rate as SDI. Leaves beginning on or after July 1, 2020, paid for maximum 8

weeks. Leaves beginning before July 1, 2020 are eligible for a maximum of 6 weeks of paid leave.

SF PPLO Note: If the employee works in San Francisco and meets the requirements under PPL, the employee will receive up to 100% of her salary while on PFL capped at $2,167 per week in 2020 (60% from PFL and 40% from the employer). SF PPLO increases to 8 weeks for leaves beginning on or after July 1, 2020. Leaves beginning prior to July 1, 2020 are eligible for a maximum of 6 weeks paid leave.


Pre-birth Post-birth

Weeks 0 1 4 8 10 12 16 18

PFL (Max 8 weeks)SDI (4 wks) (6 wks after)

PDL

Theme colors

01558812835871281722182450128

0155881283587128172141540130

0155881283587128172931780133


BLACK



















Sheet3


Pre-birthPost-birth


FMLA (Max 12 weeks)

NJ FLI (Paid leave)

Weeks014812

Weeks0148101224



FMLA (Max 12 weeks)

NJ FLI (paid leave)

Weeks014812

Weeks014681012





NJ FLI (paid leave)

Weeks01481012Weeks014810121622


Pre-birthPost-birth


FMLA FMLA

Weeks01481012Weeks01481012


Pre-birthPost-birth



FMLA (Max 12 weeks)

Weeks014681012

Weeks01481012


New ChildMA PLA


Weeks014812


Pre-birthPost-birth

ER Provided STD



Weeks01481012Weeks0148101216





FMLA (Max 12 weeks)

Weeks01481012

Weeks0148101216


Pre-birthPost-

Documents

ABD PowerPoint Template 2013pages.theabdteam.com/rs/209-OQW-293/images/2020_ABD... · 2021. 1. 18. · Provides 60% of employee’s earnings (or 70% depending on income) calculated