"Family and Medical Leave Act and California Family Rights Act Fmla/Cfra Policy and Procedures" - California

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THE DEPARTMENT OF
GENERAL SERVICES
FAMILY AND MEDICAL LEAVE ACT
AND
CALIFORNIA FAMILY RIGHTS ACT
FMLA/CFRA
POLICY AND PROCEDURES
THE DEPARTMENT OF
GENERAL SERVICES
FAMILY AND MEDICAL LEAVE ACT
AND
CALIFORNIA FAMILY RIGHTS ACT
FMLA/CFRA
POLICY AND PROCEDURES
Table of Contents
INTRODUCTION
1
Definition of FMLA/CFRA
1
Benefit to employee
1
Reasons for leave
1
WHO IS ELIGIBLE FOR FMLA/CFRA LEAVE
1
Months of employment
1
Hours physically worked
1
DEFINITIONS
2
12 workweeks and “rolling” twelve months
2
Health care provider
2
Job protected leave
2
REASONS FOR FMLA/CFRA LEAVE
3
Births, adoption, foster care placement
3
Serious health condition
4
DEPARTMENTAL POLICY
4
Use of Leave Credits
4
When medical information is required
5
Periodic reporting of condition
6
Sick leave restriction
6
Applying FMLA/CFRA leave with other leaves
6
Payments of benefits during unpaid FMLA/CFRA leave
6
PROCEDURES
7
Employee
7
General Information
7
Own serious medical condition
7
Care for family member or birth/adoption/foster care placement
8
Supervisor
9
General Information
9
Supervisor has received advance notification
10
Supervisor has not received advance notification
10
Attendance Clerk
11
Personnel Transactions
11
Personnel Analyst
12
Performance Enhancement
12
REQUIREMENTS FOR POSTING NOTICES
12
DISCRIMINATION
13
APPENDICES
Family and Medical Leave Act/California Family Rights Act
(FMLA/CFRA)
INTRODUCTION
Definition of the
FMLA is based on a Federal law and is administered by the U.S.
Department of Labor (DOL), Employment Standards Administration, Wage
Family and Medical
Leave Act (FMLA)
and Hour Division. CFRA is a state law, which is administered by the
Department of Fair Employment and Housing (DFEH). State legislation in
and the California
Family Rights Act
1993 changed the state law to generally conform to the provisions of the
(CFRA)
FMLA.
FMLA/CFRA does not supersede any memoranda of understanding that
provides greater family or medical leave rights.
Benefit to employee
FMLA/CFRA authorizes an eligible employee to take up to a total of
twelve (12) workweeks of paid or unpaid job-protected leave with
employer-paid health, dental, and vision benefits during a "rolling" twelve
(12)-month period for one or more of the following reasons:
• The birth of a child or adoption or foster care placement of a child.
Reasons for leave
• To care for an immediate family member (spouse, child or parent) with
a serious health condition.
• When the employee is unable to work because of a serious health
condition.
WHO IS ELIGIBLE FOR FMLA/CFRA LEAVE
1. An employee who has been employed for a total of at least twelve
Twelve months and
1250 hours
(12) months on the date on which any FMLA/CFRA leave is to
commence, and
requirements
2. Who, on the date on which any FMLA/CFRA leave is to commence,
has physically worked for at least 1,250 hours during the previous
twelve (12)-month period. The hours need not be consecutive hours.
Time off for sick leave, vacation/annual leave, administrative time off
(ATO), compensating time off (CTO), holidays, informal time off
(ITO) or personal leave (PL) are not to be counted toward the 1250
hours of work.
Department of General Services
1
July, 2000
DEFINITIONS
Twelve (12)
An FMLA/CFRA leave may be taken in one twelve (12) workweek
period, or in increments of a tenth hour or more that total twelve (12)
Workweeks and
“rolling” twelve
workweeks. The twelve (12) workweek period means 60 working days, or
480 hours, for most full-time employees. For eligible employees who
month
work less than full-time, the number of working days is adjusted on a
proportional basis. For example, for an employee who works half time,
twelve (12) workweeks means thirty (30) full days or sixty (60) half days,
or 240 hours.
A rolling twelve month period is measured backward from the date an
employee uses any FMLA/CFRA leave. Each time an employee takes an
FMLA/CFRA leave, the remaining leave entitlement is any balance of the
twelve (12) workweeks that has not been used during the preceding twelve
(12) months.
A doctor of medicine or osteopathy authorized to practice medicine or
Health care
provider
surgery by the state in which the doctor practices.
A podiatrist, dentist, clinical psychologist, optometrist or chiropractor (a
chiropractor is limited to manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized to practice, and
performing within the scope of their practice, under state law.
A nurse practitioner or nurse-midwife authorized to practice, and
performing within the scope of their practice, as defined under state law.
A Christian Science practitioner listed with the First Church of Christ,
Scientist in Boston, Massachusetts.
A health care provider as defined above, who practices in a country other
than the United States, who is authorized to practice in accordance with
the law of that country.
Job protected
An employee returning to work from an FMLA/CFRA leave is entitled to
leave
be restored to the same position of employment (the one held by the
employee when notice was given or the leave commenced) or to an
equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment. An employee may be temporarily
transferred to an available alternative position, for which he or she is
qualified, that has equivalent pay and benefits, that better accommodates
the employee's need to take intermittent leave or reduce his or her time
base.
Department of General Services
2
July, 2000
REASONS FOR FMLA/CFRA LEAVE
Birth/adoption/
1. The birth of a child or adoption or foster care placement of a
foster care
child. FMLA/CFRA leave includes maternity and paternity leaves.
placement
This leave does not include pregnancy-related or childbirth-related
disabilities. An employee who is disabled on account of pregnancy,
childbirth, or related medical conditions is entitled to take Pregnancy
Disability Leave (PDL) for the period of the actual disability of six (6)
weeks up to four (4) months. An employee need not meet the
eligibility requirements for FMLA/CFRA to be eligible for PDL. A
pregnancy/childbirth-related disability leave will be deducted from an
employee's FMLA (12) leave entitlement. The CFRA entitles
employees to an additional twelve weeks of bonding leave. If an
employee elects both PDL and FMLA/CFRA, the Department will
only pay for its portion of the employee’s health, dental, and vision
benefits for twelve (12) weeks, no matter whether the employee is on
PDL or FMLA/CFRA leave.
FMLA/CFRA leave is provided to either parent for birth, adoption, or
foster placement of a child. Parents may be on leave simultaneously as
long as there is a certification of the need for their care. The
minimum duration of FMLA/CFRA leave taken because of the birth
of the employee's child or the placement of a child with the employee
for adoption or foster care is two (2) weeks. However, the Department
will grant a request for FMLA/CFRA leave for these purposes of at
least one day but less than two weeks' duration on any two occasions.
Leave for childbirth or placement for adoption or foster care must
conclude within twelve (12) months of the birth or placement.
Family member or
2. To care for an immediate family member (spouse, child or parent)
employee with
with a serious health condition. A spouse is a husband or a wife as
serious health
defined or recognized under state law. Child means a biological,
condition
adopted, or foster child, stepchild, legal ward, or a child of a person
standing "in loco parentis" (in the place of a parent, or a parent's
authority), who is under 18 years of age, or 18 years of age or older
and incapable of self-care because of mental or physical disability.
Parent is a biological or adoptive parent or a person who stood "in
loco parentis" to an employee when the employee was a child.
Parent-in-law does not qualify.
3. The employee is unable to work because of a serious health
condition.
Department of General Services
3
July, 2000
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