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Silvia QuintanillaDepartment of Human ResourcesCountywide Family and Medical Leave Coordinator
Family and Medical Leave Act (FMLA) California Family Rights Act (CFRA) Pregnancy Disability Leave (PDL)
The FMLA, CFRA and PDL are designed to allow employees to balance their work and family life by taking reasonable unpaid, job-protected leave for specific family and medical reasons.
The Federal and California family leave laws are similar, but there are a few differences.
FMLA and CFRA Provide eligible
employees up to 12 workweeks of unpaid leave in a 12-month period.
PDL Provides up to 16 weeks
of unpaid leave for pregnancy disability, childbirth recovery or related medical condition.
FMLA provides 26 workweeks of unpaid leave for Military Care Leave in a 12-month period.
12 continuous months of County service
Worked 1,250 hours in the previous 12 months
Permanent, Temporary, Part-time or Recurrent
Son or Daughter Spouse Parent In Loco Parentis –
stand in place of a parent
Domestic Partner Health Care Provider Next of Kin – nearest
blood relative Qualifying Exigency
Serious Health Condition determined by health care provider
Unable to Perform the Functions of the Position
Need to Care for a qualifying Family Member
Workweek
Qualifying Reason FMLA CFRA An employee’s own serious health condition
Care of a newborn (baby bonding)
Care of a child, spouse or parent’s serious health condition
Newly adopted child or foster care placement
Prenatal Care
Birth of a Child
Care of a Domestic Partner
Care of a Domestic Partner’s Child
Military Personnel Caregiver Leave
Qualifying Exigency Leave
30 Days Notice Emergency notice from
employee or employee’s representative ASAP (e.g. spouse, adult family member or other responsible party)
Intermittent Leave must not disrupt the department’s operation
It is management’s responsibility to designate leave
Employee must be notified of designation within 5 business days
Certification of Health Care Provider (CHCP) form must be returned within 15 business days
FMLA and CFRA are designated upon receipt of medical certification
An employee’s serious health condition can be a result of an illness or injury on the job.
In the case of a job-related illness or injury, FMLA and/or CFRA run concurrently with Workers’ Compensation leave if the illness or injury meets the definition of a serious health condition ,and the employee is properly notified.
Labor Code 4850
Provides full benefits to safety employees injured on the job
Benefits run for one year or until RTW date (whichever comes first)
Cannot run concurrently with FMLA and/or CFRA
Employee is disabled by pregnancy or pregnancy related condition
No “hours worked” or “length of service” requirement
FMLA runs concurrently with PDL
CFRA leave for baby bonding runs consecutively
Effective January 1, 2012, the County is required to maintain group health coverage for up to 16 weeks for employees on PDL.
Health benefits are only for the duration of the time the employee is disabled due to pregnancy, childbirth recovery or related condition.
Applicable to employees beginning PDL on or after January 1, 2012.
Susan had a trip and fall injury at work on January 3, 2012. She received treatment, and the physician removed her from work from January 4, 2012 through February 1, 2012. Susan has been a permanent employee with the County for five years. Susan worked over 1,250 hours in the previous 12-months.
FMLA/CFRA will run concurrently from January 4, 2012 through February 1, 2012.
Susan’s 12-month FMLA/CFRA eligibility period is effective January 1, 2012 through February 1, 2013.
Jan Feb Mar
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FMLA will run from January 4, 2012 - February 1, 2012
CFRA will run from January 4, 2012 - February 1, 2012
Note: Susan has 8 weeks remaining of FMLA/CFRA that she may use through February 1, 2013 for her own illness or care for an applicable family member.
Jennifer began employment with the County on January 15, 2012. She is pregnant and requested 8 weeks of leave, from June 18, 2012 to August 10, 2012. She is eligible for PDL because her physician certified she is disabled due to her pregnancy, and there is no length of service or hours-worked requirement under PDL.
The County’s obligation for Jennifer’s health coverage is only for the duration of the time she is disabled due to her pregnancy. The County will pay for health coverage for the months of June, July, and August 2012.
PDL will run from June 18 through August 10.
June July August September October
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PDL (8 weeks) - June 18, 2012 to August 10, 2012
Note: Jennifer is not eligible for CFRA leave for baby bonding.
Mary’ s physician certified she is disabled due to pregnancy effective February 1, 2012, to March 28, 2012 (8 weeks). As a long-time County employee, she is eligible for FMLA, PDL and CFRA.
•Mary’s FMLA and PDL will run concurrently from February 1 to
March 28.
* Her child was born on February 14, 2012. She is entitled to take CFRA leave for baby bonding starting the birth date of her child, for up to one year (February 14, 2013). She plans to use her 12 weeks of CFRA leave for baby bonding following her pregnancy disability . Her remaining FMLA (4 weeks) will run concurrent with CFRA.
Note: Mary has four weeks of unused FMLA. The four weeks will run concurrently with CFRA leave for baby bonding. She will return to work June 22, 2012.
Birth of childFMLA (8 weeks) February 1, 2012 to March 28, 2012PDL (8 weeks)February 1, 2012 to March 28, 2012
FMLA leave for baby bondingMarch 29, 2012 to April 26, 2012
CFRA leave for baby bonding March 29, 2012 to June 21 2012
Employee’s Own Serious Health Condition:
Any accrued time (sick, vacation, holiday, OT, etc.)
Short-term Disability Compensatory Time Off
(CTO)
Qualifying Family Member:
Any accrued time with a special allowance for sick leave
Twelve days of Sick Personal time (with prior approval)
Under California’s Kin Care Leave Law, up to half of the employee’s sick leave accrued within a calendar year. Runs concurrently with the County’s twelve personal days.
Under most circumstances, FMLA and CFRA leave may be taken intermittently or on a reduced work schedule.
The employee does not need to express rights under FMLA/CFRA. Mentioning a FMLA/CFRA qualifying reason is considered sufficient notice.
An employee cannot reject a designation of FMLA and CFRA.
FMLA and CFRA may run concurrently with Worker’s Compensation leave.
Exempt Employees must post their own time for FMLA and CFRA related absences.
Power of Attorney does not create a relationship for FMLA and CFRA purposes.
Medical certification can be required every six months for employees with chronic and ongoing health conditions.
Employees must follow employer’s call-in procedures.
Employer (not direct supervisor) can contact employee’s health care provider for more information if needed.
If fraud or abuse is suspected, contact Human Resources.
Don’t assume that you’re not required to comply with FMLA/CFRA.
Don’t assume that FMLA/CFRA only applies when the employee makes the request.
Don’t make assumptions about what constitutes an illness.
Don’t resent employees for taking unforeseeable leave.
Don’t discourage employees from using FMLA/CFRA.
Don’t take adverse action against employees who are taking or have taken FMLA/CFRA leave.
Don’t deny a leave to bond or care for a new child.
Don’t prevent an employee from taking approved intermittent leave.
Don’t deny a leave after employee exhausts all the leave entitlement under FMLA/CFRA. The leave may be required under the ADAAA.
All of the above Don’ts can lead to lawsuits!
Do monitor employees on leave.
Do communicate with Department FMLA Coordinator.
Do insist that the medical certification be complete. It is the employee’s responsibility to obtain a complete certification.
Do review employee’s timecard for FMLA/CFRA coding to prevent abuse.
Do use departmental attendance policies for call in procedures.
[email protected](213) 738-2235
