CFRA_FMLA_Comparison_416 - Comparison Between New Family...

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Comparison Between New Family & Medical Leave Act (FMLA) & Ca. Family Rights Act (CFRA) Regulations TERM FMLA Regulations: (29 C.F.R. § 825.100, et seq.) CFRA Regs (Cal. Code Regs., tit. 2, § 7297.0, et seq.) Fair Employment and Housing Commission 1 ** Indicates which law/regulation is more generous to employee. FOUR BIG DIFFERENCES Pregnancy as a “Serious Health Condition” (SHC) Covered as a Family and Medical Leave Act (FMLA) serious health condition. No change with new regulations. ** Not covered under CFRA. Instead, in CA, a pregnant employee is entitled to a pregnancy disability leave (PDL) of up to 4 months. Employer need have only 5 or more employees & no eligibility period for employee. Eligible CFRA employee can then take a 12 week CFRA baby bonding leave. First 12 weeks of PDL can run concurrently with FMLA for eligible employees, and for that period, employer needs to maintain health benefits. Registered Domestic Partners Equal Spouses Not covered under FMLA. No change with new regulations. ** Covered under CFRA, just like spouses. (Fam. Code §297.5.) Note that this may give a domestic partner more family leave, as the domestic partner will not have exhausted his/her FMLA leave taking CFRA leave to care for a domestic partner. “Qualifying Exigency” because of employee’s or family member’s active military duty ** Eligible FMLA employees are entitled to up to 12 weeks of leave for “any qualifying exigency” arising because the spouse, son, daughter or parent of the employee is on active military duty , or has been notified of an impending call to active duty status, in support of a contingency operation. Health benefits are included. The family member must be a member of the Guard, Reserve or be a retired member of the Armed Services. (825.126) Not covered under CFRA. Thus, CFRA leave not exhausted when FMLA used. Note: under a 2007 California military spouse leave law (Mil. & Vet. Code § 395.10), an employee who works 20+ hours per week for an employer with 25+ employees can take an unpaid leave of up to 10 days while the military spouse is on leave from deployment. Some or all of this may run concurrently with exigency leave. Care for Ill or Injured Service Member ** An employee who is the spouse, child, parent or next of kin of a covered service member may take a total of 26 weeks of leave during a 12 month period to care for a covered service member who is ill or injured in the line of duty on active duty. Health benefits are included. (825.127) Covered under CFRA if family member is a covered CFRA employee, i.e., a spouse, child or parent. (7297.0(h)(2).) If “next of kin” is not within these categories, CFRA leave would not be exhausted when FMLA used. Furthermore, CFRA leave is only 12 weeks, so last 14 weeks would be FMLA only.
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