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The Family Medical Leave Act and the California Family Rights Act

Legal Authority and Basic Guidelines. FMLA

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The Family Medical Leave Act and the California Family Rights Act

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    1. The Family Medical Leave Act and the California Family Rights Act Nelson Smith January 15, 2003

    3. Specified Reasons for Leave Birth, adoption or foster care Employee serious health condition Family member serious health condition Parents, spouses, children are OK Grandparents, in-laws, siblings are NOT

    4. Reinstatement to Your Position Employer must reinstate unless: Position is eliminated Cannot be related to the fact you are on leave Certain high paid employees Rule does not apply to 10% most highly paid

    5. Employee Point of View Need more than 12 weeks Can’t take time off without pay Law too restrictive regarding family relationships Doesn’t apply to companies with less than 50 employees Example – My brother the Dry Cleaner

    6. Employers Point of View Usually pay involved – sick leave/vacation Continued medical benefits Hiring of temporary help Lost productivity 12 weeks is a long time Another regulation to comply with

    7. Case Law Interpretations Schultz v. Advocate Health and Hospitals Corporation Ragsdale v. Wolverine Worldwide Inc. Department of Fair Employment & Housing v. The Standard Register Co. Gibbs v. American Airlines Pang v. Beverly Hospital Spangler v. Federal Home Loan Bank Hibbs v. State of Nevada

    8. Recent California Legislation Family Temporary Disability Insurance Begins July 1, 2004 Up to six (6) weeks paid leave Employees pay into fund Avg. $27 per employee per year Covers care of child, parent, spouse, or domestic partner

    9. FTDI Restrictions Seven day waiting period Not eligible if receiving: Unemployment insurance, or Workers compensation, or State disability insurance, or If another family member is available to provide the necessary care

    10. My Position & Recommendations FMLA provides valuable benefit to employees Employers should provide reasonable accommodations to employees during critical medical / family needs. Comply with intent of the law Treat employees with fairness & dignity

    11. Thank You for your Attention ! Any Questions ????????

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