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Leave of Absence Overview
ABC is committed to providing its employees with a leave of absence policy in accordance with the requirements under federal, state, and local law. Questions regarding leaves of absence should be addressed to Human Resources.
Leaves of Absence / California State SubsidiesThe Family and Medical Leave Act of 1993 (FMLA) / The California Family Rights Act of 1991 (CFRA) / Pregnancy Disability Leave (PDL) /
Paid Family Leave
(PFL)
/State Disability Insurance (SDI)
California residents only
Does the law apply to our Company?§ Applies to companies with 50 or more employees for each working day during 20 or more calendar weeks in the current or preceding year. / · Same as FMLA. / · Applies to companies with 5 or more employees. / · Applies to the majority of California companies through payroll deductions.
· A component of SDI. / · Applies to the majority of California companies through payroll deductions (other states may offer SDI and state specific laws would apply).
Who is eligible?
· Employees who have completed at least 12 months of employment with the company and 1,250 hours of service during the prior 12 month period.
· Works at (or reports into) a work site that has at least 50 employees working within a 75 mile radius of that work site Employees with no fixed work site will be considered to work from the site to which they report, the site from which their work is assigned, or the site designated as their home base.
· Leave is for: (1) employee’s own “serious health condition”; (2) to care for the employee’s spouse, child, parent, or other covered person with a “serious health condition“; (3) addition of a new child to employee’s household, whether by birth, adoption, or placement by the state; or (4) any qualifying exigency arising out of the spouse, son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces in support of a contingency operation. / · Same as FMLA, except for military provisions. / · All California employees who are disabled or affected by pregnancy. / · Employees covered by SDI are also covered by PFL. / · Majority of California employees are covered by SDI and/or a voluntary disability plan.
Leaves of Absence / California State Subsidies
The Family and Medical Leave Act of 1993 (FMLA) / The California Family Rights Act of 1991 (CFRA) / Pregnancy Disability Leave (PDL) /
Paid Family Leave
(PFL)
/State Disability Insurance (SDI)
California residents only
When can employees request leave?· To care for a newborn child.
· Placement of a child with an employee for adoption or foster care.
· To care for a child, spouse or parent with a serious health condition.
· Employee’s own serious health condition.
· For military purposes in accordance with legal regulations. / · Same as FMLA, except for military provisions. / · When a woman is considered disabled due to pregnancy, childbirth, or related medical conditions, she is eligible to take an unpaid PDL in order to recover from actual disability caused by pregnancy, childbirth, or related medical conditions. / · To care for a seriously ill child, spouse, parent, or domestic partner.
· To bond with the employee's new child or the new child of the employee's domestic partner.
· To bond with a child in connection with the adoption or foster care placement of the child with the employee or the employee's domestic partner. / · When deemed unable to work due to a non work related injury or illness or a medically disabling condition from pregnancy or childbirth as certified by a health care provider.
How much leave is an employee allowed?
· 12 weeks during a 12 month period; definition of 12 month period varies by Company.
· If both spouses are employed with the Company, the leave is 12 weeks combined.
· Leaves to care for a newborn child or a child placed for adoption or foster care may not be taken intermittently or on a reduced scheduled unless agreed with the Company.
· Eligible employees may take up to 26 weeks of leave during a single 12 month period, to care for a spouse, child, parent, or next of kin who is a covered member of the Armed Forces. / · Same as FMLA, except for military provisions. / · Up to 4 months (693 hours) of leave per pregnancy.
· Leave can be taken before, after birth or at any period of time the woman is considered disabled due to pregnancy.
· Periodic absences for pregnancy-related illnesses of limited duration taken prior to an actual leave may be subtracted from the 4 months of PDL. / · 6 weeks in a 12 month period.
· 7 day waiting period which is waived if PFL is used as a continuation of SDI.
· Claims must be within 1 year of the birth or placement of the child. / · SDI may pay up to 52 weeks of benefits.
· 7 day waiting period.
How do the different types of leaves integrate with each other?
· FMLA and CFRA run concurrently unless due to pregnancy.
· FMLA runs concurrently with PDL. / · FMLA and CFRA run concurrently unless due to pregnancy.
· CFRA does not run concurrently with PDL. / · PDL runs concurrently with FMLA.
· PDL does not run concurrently with CFRA. / · n/a / · n/a
Leaves of Absence / California State Subsidies
The Family and Medical Leave Act of 1993 (FMLA) / The California Family Rights Act of 1991 (CFRA) / Pregnancy Disability Leave (PDL) /
Paid Family Leave
(PFL)
/State Disability Insurance (SDI)
California residents only
What type of compensation do I receive for the leave?· FMLA is unpaid. / · CFRA is unpaid. / · PDL is unpaid. / · Compensation provided by the state.
· Up to a percentage of earnings to a maximum weekly benefit.
· 12 month look back period.
· Employees should review the official site for details: http://www.edd.ca.gov/Disability/Paid_Family_Leave.htm / · Compensation provided by the state.
· Up to a percentage of earnings to a maximum weekly benefit.
· 12 month look back period.
· Employees should review the official site for details: http://www.edd.ca.gov/Disability/
Does an employee need to provide medical certification?
· Medical certification to support request for leave.
· Can request second opinion at company’s expense.
· Medical certification needed from attending health care provider in order to return to work. / · Same as FMLA. / · Can require medical certification; however must be treated the same as with other types of disabilities. / · Claim forms are obtained directly from the Employment Development Department (EDD): http://www.edd.ca.gov/Disability/Forms_and_Publications.htm / · Claim forms are obtained directly from the Employment Development Department (EDD): http://www.edd.ca.gov/Disability/Forms_and_Publications.htm
Can a Company mandate employees to use accrued time off during a leave of absence?
· Under some circumstances, companies may require that the employee use sick time or vacation time/PTO while on FMLA. / · CFRA may require employee to use accrued vacation/PTO; may require employee to use accrued sick time for employee's own serious = health condition (but not other purposes). / · Company can mandate the use of accrued sick time, but not accrued vacation/PTO. / · Employee may elect to use any accrued vacation/PTO for any period of the leave that would otherwise be unpaid.
· Company can choose to require the employee to use up to 2 weeks of accrued vacation/PTO.
· Company cannot mandate use of sick time. / · Vacation does not conflict with SDI.
· Sick and PTO may affect SDI benefits.
Leaves of Absence / California State Subsidies
The Family and Medical Leave Act of 1993 (FMLA) / The California Family Rights Act of 1991 (CFRA) / Pregnancy Disability Leave (PDL) /
Paid Family Leave
(PFL)
/State Disability Insurance (SDI)
California residents only
What happens to an employee’s benefits while on leave? – could be company specific· Company must maintain the employee’s health coverage under any group health plan for the duration of the leave for up to 12 weeks under the same conditions as an active employee.
· Employees remain responsible for paying their regular portion of the premium contributions.
· Participation in sick and vacation/PTO accruals, 401(k), and Flexible Spending Accounts plans may be suspended and will resume upon employee’s return to work, if employer suspends participation by employees on non-FMLA leaves.
· Stock vesting per Stock Plan. / · Same as FMLA. / · Company must provide benefits for the duration of 4 months.
· Participation in sick and vacation/PTO accruals, 401(k) and, Flexible Spending Accounts plans may be suspended and will resume upon employee’s return to work, if employer suspends participation by employees on non-PDL leaves.
· Stock vesting per Stock Plan. / · Company is not obligated to continue health insurance. / · Company is not obligated to continue health insurance.
What is an employee’s return to work rights?
· Reinstatement to the same or a comparable position with equivalent benefits, pay, and all other terms and conditions of employment, unless: (a) employee would have been terminated without regard to his or her leave of absence, as in the case of a bona fide reduction in force, or (b) employee qualifies as a “key employee” and was notified of such status at the commencement of leave. / · Same as FMLA. / · Same as FMLA except with respect to “key employee” status. / · Does not mandate reinstatement. / · Does not mandate reinstatement.
Melita Page 1 1/31/18
The above/attached information is not legal advice. It should not be considered a legal opinion as to which laws apply or as to how any law applies to a particular situation.
Companies or individuals should seek advice of counsel with regards to their particular situation.