California_Leave_Entitlement_Laws - A California Employees...

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Fair Employment and Housing Commission © 9/20/10 1 A California Employee s Many, Varied Entitlements to Leave Pregnant Employees Type of Leave Employee can take: Are Leaves Concurrent? Right to Return to Job Notes Employee is Pregnant Pregnancy Disability Leave (PDL) 4 months FMLA 12 weeks Co. disability leave (CoDL) same time as all other disabilities, so if policy allows longer leaves (but not lesser) than 4 months PDL, Eee gets longer CoDL) California Family Rights Act (CFRA) doesn’t cover pregnancy leave. Eee can start her CFRA baby bonding leave early while still pregnant, only IF : o Eee has exhausted her PDL, & o Er & Eee voluntarily agree to let Eee start her CFRA leave early Leave as a form of reasonable accommodation (“R/A leave”) for an independent disability unless undue hardship Yes, except CFRA which only starts when PDL is exhausted. PDL same job FMLA same or comparable job CoDL policy beyond four months: same right to return as other Eees CFRA same or comparable job Yes, unless undue hardship to hold job for Eee Pregnancy Disability Leave (PDL) can cover prenatal visits, intermittent leave, reduced work schedule, pregnancy, childbirth or related medical conditions, including postpartum depression PDL: Ers with 5 or more Eees are covered. No eligibility requirements for Eees FMLA & CFRA: Must have: 50+ Eees within 75 miles of Eee taking leave; 12 month service requirement; & 1,250 hours worked Er required to cover medical benefits only for 12 weeks of leave covered by FMLA unless covers benefits longer under CoDL.
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Fair Employment and Housing Commission © 9/20/10 2 Babies & Sick Relatives Employee is New Mother, following PDL “Baby Bonding” Leave FMLA baby bonding leave (whatever remains of 12 weeks after PDL) CFRA baby bonding (12 weeks, unless CFRA leave started early while Eee was still pregnant, then whatever remains of 12 weeks) Company personal leave If baby is ill requiring parent’s care, can use “ Kin Care ” leave, up to 6 months of Eee’s accrued sick leave Yes FMLA & CFRA: same or comparable job Company leave: Same return rights as other leaves “Kin Care” – same job. Kin Care doesn’t extend FMLA/CFRA, just allows leave to be paid. If Eee takes full PDL of four months & 12 weeks of CFRA baby bonding, combined total will be approximately 7 months of leave. While on leave, can receive up to 6 weeks of Paid Family Leave (PFL) through EDD, similar to SDI or Unemployment Insurance Employee is New Parent CFRA & FMLA : 12 weeks of leave for: The birth of a child; The placement of a child with an employee for adoption or foster care Company
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