Family and Medical Leave LAWS

Silvia Quintanilla Department of Human Resources Countywide Family and Medical Leave Coordinator Family and Medical Leave LAWS

Family and Medical Leave Act (FMLA) • California Family Rights Act (CFRA) • Pregnancy Disability Leave (PDL) Agenda

The FMLA, CFRA and PDL are designed to allow employees to balance their work and family life by taking reasonable unpaid, job-protected leave for specific family and medical reasons. • The Federal and California family leave laws are similar, but there are a few differences. FMLA and CFRA

Basics of FMLA, CFRA and PDL • FMLA and CFRA Provide eligible employees up to 12 workweeks of unpaid leave in a 12-month period. • PDL Provides up to 16 weeks of unpaid leave for pregnancy disability, childbirth recovery or related medical condition. FMLA provides 26 workweeks of unpaid leave for Military Care Leave in a 12-month period.

Employee Eligibility for FMLA and CFRA • 12 continuous months of County service • Worked 1,250 hours in the previous 12 months • Permanent, Temporary, Part-time or Recurrent

Definitions • Son or Daughter • Spouse • Parent • In Loco Parentis – stand in place of a parent • Domestic Partner • Health Care Provider • Next of Kin – nearest blood relative • Qualifying Exigency • Serious Health Condition determined by health care provider • Unable to Perform the Functions of the Position • Need to Care for a qualifying Family Member • Workweek

FMLA and CFRAQualifying Reasons

Employee’s Notification Responsibility • 30 Days Notice • Emergency notice from employee or employee’s representative ASAP (e.g. spouse, adult family member or other responsible party) • Intermittent Leave must not disrupt the department’s operation

Employer’s Notification Responsibility • It is management’s responsibility to designate leave • Employee must be notified of designation within 5 business days • Certification of Health Care Provider (CHCP) form must be returned within 15 business days • FMLA and CFRA are designated upon receipt of medical certification

An employee’s serious health condition can be a result of an illness or injury on the job. • In the case of a job-related illness or injury, FMLA and/or CFRA run concurrently with Workers’ Compensation leave if the illness or injury meets the definition of a serious health condition ,and the employee is properly notified. Workers’ Compensation Interaction with FMLA/CFRA

FMLA/ CFRA and Labor Code 4850 Labor Code 4850 • Provides full benefits to safety employees injured on the job • Benefits run for one year or until RTW date (whichever comes first) • Cannot run concurrently with FMLA and/or CFRA

Pregnancy Disability Leave (PDL) • Employee is disabled by pregnancy or pregnancy related condition • No “hours worked” or “length of service” requirement • FMLA runs concurrently with PDL • CFRA leave for baby bonding runs consecutively

Effective January 1, 2012, the County is required to maintain group health coverage for up to 16 weeks for employees on PDL. • Health benefits are only for the duration of the time the employee is disabled due to pregnancy, childbirth recovery or related condition. • Applicable to employees beginning PDL on or after January 1, 2012. Pregnancy Disability Leave

Susan had a trip and fall injury at work on January 3, 2012. She received treatment, and the physician removed her from work from January 4, 2012 through February 1, 2012. Susan has been a permanent employee with the County for five years. Susan worked over 1,250 hours in the previous 12-months. FMLA/CFRA will run concurrently from January 4, 2012 through February 1, 2012. Susan’s 12-month FMLA/CFRA eligibility period is effective January 1, 2012 through February 1, 2013. Scenario One

Susan’s Disability Illustration(12 weeks of FMLA/CFRA) Note: Susan has 8 weeks remaining of FMLA/CFRA that she may use through February 1, 2013 for her own illness or care for an applicable family member.

Jennifer began employment with the County on January 15, 2012. She is pregnant and requested 8 weeks of leave, from June 18, 2012 to August 10, 2012. She is eligible for PDL because her physician certified she is disabled due to her pregnancy, and there is no length of service or hours-worked requirement under PDL. The County’s obligation for Jennifer’s health coverage is only for the duration of the time she is disabled due to her pregnancy. The County will pay for health coverage for the months of June, July, and August 2012. PDL will run from June 18 through August 10. Scenario Two

Jennifer’s Pregnancy Disability Illustration Note: Jennifer is not eligible for CFRA leave for baby bonding.

Mary’ s physician certified she is disabled due to pregnancy effective February 1, 2012, to March 28, 2012 (8 weeks). As a long-time County employee, she is eligible for FMLA, PDL and CFRA. • Mary’s FMLA and PDL will run concurrently from February 1 to March 28. * Her child was born on February 14, 2012. She is entitled to take CFRA leave for baby bonding starting the birth date of her child, for up to one year (February 14, 2013). She plans to use her 12 weeks of CFRA leave for baby bonding following her pregnancy disability . Her remaining FMLA (4 weeks) will run concurrent with CFRA. Scenario Three

Note: Mary has four weeks of unused FMLA. The four weeks will run concurrently with CFRA leave for baby bonding. She will return to work June 22, 2012. Mary’s Pregnancy Disability Illustration FMLA (8 weeks) February 1, 2012 to March 28, 2012 Birth of child PDL (8 weeks) February 1, 2012 to March 28, 2012 FMLA leave for baby bonding March 29, 2012 to April 26, 2012 CFRA leave for baby bonding March 29, 2012 to June 21 2012

Paid and Unpaid Leave Employee’s Own Serious Health Condition: • Any accrued time (sick, vacation, holiday, OT, etc.) • Short-term Disability • Compensatory Time Off (CTO) Qualifying Family Member: • Any accrued time with a special allowance for sick leave • Twelve days of Sick Personal time (with prior approval) • Under California’s Kin Care Leave Law, up to half of the employee’s sick leave accrued within a calendar year. Runs concurrently with the County’s twelve personal days.

Under most circumstances, FMLA and CFRA leave may be taken intermittently or on a reduced work schedule. • The employee does not need to express rights under FMLA/CFRA. Mentioning a FMLA/CFRA qualifying reason is considered sufficient notice. • An employee cannot reject a designation of FMLA and CFRA. • FMLA and CFRA may run concurrently with Worker’s Compensation leave. Other Guidelines

Exempt Employees must post their own time for FMLA and CFRA related absences. • Power of Attorney does not create a relationship for FMLA and CFRA purposes. • Medical certification can be required every six months for employees with chronic and ongoing health conditions. • Employees must follow employer’s call-in procedures. • Employer (not direct supervisor) can contact employee’s health care provider for more information if needed. • If fraud or abuse is suspected, contact Human Resources. Other Guidelines

Don’tassume that you’re not required to comply with FMLA/CFRA. • Don’tassume that FMLA/CFRA only applies when the employee makes the request. • Don’tmake assumptions about what constitutes an illness. • Don’tresent employees for taking unforeseeable leave. • Don’t discourage employees from using FMLA/CFRA. FMLA/CFRA Don’ts

Don’ttake adverse action against employees who are taking or have taken FMLA/CFRA leave. • Don’tdeny a leave to bond or care for a new child. • Don’tprevent an employee from taking approved intermittent leave. • Don’tdeny a leave after employee exhausts all the leave entitlement under FMLA/CFRA. The leave may be required under the ADAAA. All of the above Don’ts can lead to lawsuits! FMLA/CFRA Don’ts

Domonitor employees on leave. • Do communicate with Department FMLA Coordinator. • Do insist that the medical certification be complete. It is the employee’s responsibility to obtain a complete certification. • Do review employee’s timecard for FMLA/CFRA coding to prevent abuse. • Do use departmental attendance policies for call in procedures. FMLA/CFRA Do’s

squintanilla@hr.lacounty.gov (213) 738-2235 Any Questions?

Family and Medical Leave LAWS