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Job-Protected Leave in the United States and Abroad. Rona Kaufman Kitchen. Family Medical Leave Act (FMLA). Introduction Employers Employees Qualifying Events Notice & Certification Amendments. Employers. 50 Employees Public Employees. Employees. Employer Hours Months Consecutive
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Job-Protected Leave in the United States and Abroad Rona Kaufman Kitchen
Family Medical Leave Act (FMLA) • Introduction • Employers • Employees • Qualifying Events • Notice & Certification • Amendments
Employers • 50 Employees • Public Employees
Employees • Employer • Hours • Months • Consecutive • Employee Status • Joint Employers
Qualifying Events • Bonding Leave • Birth • Adoption • Foster Placement • Serious Health Condition • Self • Spouse • Child • Parent
Serious Health Condition • Illness, Injury, Impairment, or Physical or Mental Condition • Inpatient Care at a Hospital, Hospice or Residential Medical care Facility • Continuing Treatment by a Medical Care Provider • Substance Abuse • Employee unable to perform the functions of his or her position • Covered Conditions • Pregnancy • Epilepsy • Cancer
Notice and Certification • Notice • Employer Must Provide Notice • Employee Must Give Employer Notice • No Need to Invoke FMLA by Name • Certification • Employer may request Certification • Second and Third Certification • Failure to Provide Certification
Leave Entitlement • 12 weeks • Unpaid • Group Health Plan Coverage • Employee share of payment • Employee Election Not to Retain Coverage • Coverage Termination and Reinstatement • Restore Employee • Same or Equivalent • Pay • Benefits • Status • Responsibility • Authority
Limited Protection • Lay Off • Reorganization • Unable to Perform • Key Employees • Multiple Employers • Part-Time Employees • Recent Hires • Small Employers • Relationships • Childcare
2008 & 2010 NATIONAL DEFENSE AUTHORIZATION ACT AMENDMENTS TO THE FMLA • 26 Weeks Leave • Care for Servicemember with a Serious Injury or Illness • 12 Weeks Leave • Qualifying Exigency arising out of an employee’s parent, child, or spouse’s active duty or call to active duty • 26 Week Maximum Leave
Estimated Percent of Workforce Covered by and Eligible for FMLA in 2000Source: U.S. Dept. of Labor
Reports on International Leave Laws Center for Economic and Policy Research Institute for Health and Social Policy at McGill University
Parental Leave Policies in 21 Countries • Best Practices • Generous Paid Leave • Non-Transferable Quotas for Each Partner • Universal Coverage & Modest Eligibility Restrictions • Financing Structures that Pool Risk • Scheduling Flexibility • The United States
Total and Full-Time Equivalent Paid LeaveSource: Center for Economic Policy Research
Work Family Equity Index173 Country Study • Paid Maternity Leave (169) • Paid Paternity Leave (66) • Paid Sick Days (145)
Paid Parental Leave in the U.S. • Necessary • Important • Beneficiaries • U.S. • Disadvantages
State Leave Laws California New Jersey
California Paid Family Leave • State Disability Insurance • Paid Leave • 6 Weeks • Bonding • Serious Health • Substitution • Relation to FMLA and CFRA
New jersey Paid Family Leave Act • Employee Contribution • Eligibility • Paid Leave • 6 Weeks • Bonding • Serious Health Condition
Vermont’s Parental Leave, Family Leave, and Short-Term Family Leave Laws • Unpaid Leave • Parental Leave • Family Leave • Short-Term Leave • Exceptions
Washington State Family Leave Act • Unpaid Leave • Pregnancy Disability Leave