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Understanding Leaves

Understanding Leaves . Part I Stewards Council Training - 2004 Created by Sandra J. Poole. Common Acronyms. FMLA – Family Medical Leave Act (federal) CFRA - California Family Rights Act (state) PDL – Pregnancy Disability Leave (state) Ca FEHA- Fair Employment and Housing Act (state)

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Understanding Leaves

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  1. Understanding Leaves Part I Stewards Council Training - 2004 Created by Sandra J. Poole

  2. Common Acronyms • FMLA – Family Medical Leave Act (federal) • CFRA - California Family Rights Act (state) • PDL – Pregnancy Disability Leave (state) • Ca FEHA- Fair Employment and Housing Act (state) • FTDI – Family Temporary Disability Insurance (state) • Parental Leave (county/contract) • Sick Leave (county/contract) • Vacation Leave (county/contract • Maternity Leave (county contract) • SDI – State Disability Insurance (state) • WC- Workers Compensation Insurance (state/county) • PFL- Paid Family Leave AKA FTDI (state)

  3. Purpose of the leaves Each type of leave has it is own definitions of the conditions covered • Some are for employee illness/injury • Some are to care for others • Some are for pregnancy • Some are to bond with new children

  4. Employee Incapacity • Sick leave • FMLA • CFRA • Workers Comp • PDL • SDI • FTDI • Vacation

  5. Care for Family Member • FMLA • CFRA • FTDI • Sick Leave • Vacation • Parental Leave (new child)

  6. Disability due to pregnancy/childbirth • FMLA • Ca FEHA • PDL • SDI • Sick Leave • Vacation Leave

  7. Bond with a new child • FTDI • FMLA • CFRA • Parental Leave • Maternity Leave

  8. Different types of ‘leave’ Each Leave may include one or more of the following benefits: • Pays salary replacement • Protects workers’ employment • Pays other benefits • Guarantees time off

  9. Guaranteed time off (for qualified employees in most circumstances) • Parental leave • Sick Leave • FMLA • CFRA • Maternity Leave

  10. Leave May Provide pay Sick leave Vacation Parental Leave FDTI SDI WC Leaves that do not provide for pay FMLA CFRA PDL CA- FEHA Maternity Leave Some leaves include some form of salary payment

  11. Provides protection FMLA CFRA Sick Leave Approved vacation Parental Leave WC Maternity Leave CA FEHA (pregnancy only) Job protection not feature FDTI SDI Some Leaves Provide Limited Job Protection

  12. Pays medical or other benefits Workers Comp Sick Leave Vacation FMLA CFRA Parental Leave PDL No payment of benefits Maternity Leave SDI CA-FEHA FTDI Pays other benefits

  13. Leaves may run concurrently • Some leaves require or allow employer to require use of accrued leave • Some leaves may run concurrently with other leaves • Some leaves may run consecutively with other leaves • FMLA and CFRA both run concurrently with all other leaves

  14. Next Month • Continued Training on Leaves • Details of each type of leave • Scenarios of actual leave situations • Please send any real-life leave scenarios to the office in advance for them to be included in our discussions

  15. Understanding Leaves Part 2 Stewards Council May 20, 2004

  16. Leave Specifics • Each type of leave has its own: • Eligibility criteria • Authority • Method of enforcement • Relationship to other types of leave

  17. Sick Leave • Eligibility • Incapacitating illness or injury for self; medical/dental appointment, pregnancy, give blood • Needed to care for ill or injured family member • Family members are spouse, domestic partner, parent, grandparent, child • close relative or non related child who resides with you • Benefit • Paid leave and benefits; 4.6 hrs per pay period, no cap accrual • Authority • Negotiated Contracts – Section 9.2 • Enforcement – • Grievance procedure

  18. Parental Leave • Eligibility • Birth of child • Placement of child for adoption and home study • All leave must be taken within 4 months • Written request/approval 30 days in advance • Benefit • 160 hours Paid leave and benefits, pro rated for part time employees • Authority • Negotiated Contracts • Enforcement • Grievance Procedure

  19. Disabililty Leave • Eligibility • Regular employee • Temporary disability due to on job illness or injury • Benefit • Use any accrued leave in combined with WC up to full pay/benefits • Use any accrued leave without WC up to full pay/benefits • Authority • Negotiated Contracts • Enforcement • Grievance Procedure

  20. Family Medical Leave Act • Eligibility • 12 months on job, worked 1250 hours. A serious health condition for self, parent, child, spouse or the care of a newborn/ adopted/ foster child. No waiting period. Runs concurrent with all other paid/unpaid leaves. • Benefit • 12 weeks of unpaid leave, maintains paid benefits, employee cannot suffer adverse employment consequences. • Authority • Federal Statute29 CFR Section 2601 et seq. County Ordinance and County Policy • Enforcement • U.S. Dept of Labor Wage and Hour Division and/or Expedited Grievance Procedure

  21. STATE DISABILITY INSURANCE (SDI) • Eligibility: • Non-work related disability from mental or physical illness or injury preventing usual or customary work, includes childbirth. Under the care of licensed practitioner. 7 day waiting period. Applications usually obtained doctor’s office sent to EDD. Premiums paid by employees • Benefit • 52 weeks of cash benefits up to maximum benefit of $728 per week. Employee can integrate accrued leave to get full salary. Integration must occur in first pay period of benefits • Authority • Negotiated contract , implementation rules of State Employment Development Department (EDD) • Enforcement • Grievance and/or appeal to EDD

  22. Family Temporary Disability Insurance • Eligibility A serious illness of self or child, parent, spouse or domestic partner. Bonding with a newborn or newly adopted child. 7 day waiting period. Must be covered by SDI • Benefits 6 weeks of benefits per 12 month period. Weekly benefits from $50-$728 depending on income. Basically 55% of salary up to maximum benefit. May be required to use 2 weeks accrued vacation. • Authority State statute • Enforcement Applications and Appeals to EDD

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