FMLA/CFRA Leave – What is It? Benefits to Employees Qualifying Reasons for FMLA/CFRA Leave Eligibility Requirements Use of Leave Credits Medical Certification Periodic Reporting Benefits during FMLA/CFRA Leave. FMLA / CFRA Leave Orientation . What does FMLA/CFRA stand for?
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Benefits to Employees
Qualifying Reasons for FMLA/CFRA Leave
Use of Leave Credits
Benefits during FMLA/CFRA LeaveFMLA / CFRA Leave Orientation
What are three ways in which FMLA leave benefits employees?
What three things qualify a person to take FMLA/CFRA Leave?
What does one do to be eligible for FMLA leave?
What kind of leave credits can an employee use while on FMLA leave…what increments, what justifications are needed?
Is medical certification needed? If so, by when?
What is periodic reporting?
What benefits is an employee entitled to while on FMLA leave?FMLA / CFRA Leave “Test Your Knowledge” Quiz
Family Medical Leave Act
Administered by Dept of Labor
California Family Rights Act
Administered by Dept of Fair Employment and HousingDefinition ofFMLAandCFRA
Job is protected during this time;
Employer-paid health, dental, and vision benefits.Benefits to Employees
To care for an immediate family member (spouse, child, or parent) with a serious health condition;
Employee unable to work because of a serious health condition.Reasons for Leave
condition that involves:
Any period of incapacity or treatment connected with inpatient care (ie an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or
Continuing treatment by a health care provider which includes any period of incapacity (ie inability to work, attend school or perform other regular daily activities) due to:
1) A health condition (including treatment therefor, or recovery
therefrom) lasting more than three consecutive days, and
any subsequent treatment or period of incapacity relating to
the same condition, that also includes:
- Treatment two or more times by or under the supervision of
a health care provider with a continuing regimen of
treatment; orSerious Health Condition
2) Pregnancy or prenatal care. A visit to the health care provider is not
necessary for each absence; or 3) A chronic serious health condition which continues over an extended
period of time, requires periodic visits to a health care provider, and may
involve occasional episodes of incapacity (eg asthma, diabetes). A visit to
a health care provider is not necessary for each absence; or 4) A permanent or long-term condition for which treatment may not be
effective (eg Alzheimer’s, a severe stroke, terminal cancer). Only
supervision by a health care provider is required, rather than active
5) Any absences to receive multiple treatments for restorative surgery or for a
condition which would likely result in a period of incapacity of more than
three days if not treated (eg chemotherapy or radiation treatments for cancer).
Must have physically worked 1,250 hours during previous 12 month period;
Time off for sick leave, vacation/annual leave, ATO, CTO, Holidays, ITO, or PL is not counted toward the 1250 hours.Who isELIGIBLE?
No limitation on employee’s use of paid vacation, annual leave, or personal leave.
Sick leave may only be used in accordance with collective bargaining agreements and/or applicable civil service laws, rules and policies.
Paid/unpaid leave may be taken in one twelve (12) workweek period or in increments of a tenth of an hour or more.
Employee must make a reasonable effort to schedule FMLA/CFRA related appointment at a time that minimizes disruption to the department’s operations.Use of Leave Credits
If requesting FMLA/CFRA leave because of serious health condition (self or relative), must provide medical certification (Appendix C), within 15 days.
Failure to receive certification within 15 days may result in denial of FMLA/CFRA leave.
Department may, at its expense, obtain a second opinion. If first and second opinions differ, the Department may, at its expense, obtain a third opinion jointly selected by employee and department. The third opinion is binding.
Employee may request that the department furnish them with copies of any additional medical opinions.
Department will reimburse employees for out-of-pocket travel expenses incurred to obtain second or third opinions.RequiredMedical Information
If time beyond original estimate is requested, re-certification may be required.
Re-certification may be required if department receives information that raises a question about the stated reason of absence.
Failure to submit required re-certification may result in termination of the leave.
No second or third opinions will be allowed on re-certifications.
Upon completion of leave, health care provider must provide the supervisor with notification that employee is able to return to work.RequiredMedical Information (continued)
Employees whose FMLA/CFRA leave does not have a stated amount of time, may be asked to periodically report on their status and intent to return to work.
“Periodically” is defined as no more than every thirty (30) days.Periodic Reporting
During unpaid FMLA/CFRA leave, the department will pay the entire premiums of an employee’s health, dental, and vision benefits.
When employee returns to work, an accounts receivable will be set up to recover the employee’s portion of the premiums.
Employees who currently receive the “cash option” under the Flex-Elect program, will not receive the “cash option” during an FMLA/CFRA leave.
If employee retires during the first thirty (30) calendar days after returning to work, or upon the continuance, or onset of a serious health condition (self or family) which would otherwise entitle employee to FMLA/CFRA leave, or any circumstances beyond the control of the employee, the department shall NOT collect the entire cost of the premium.Payment ofBENEFITS
Failure to notify employee of FMLA/CFRA rights. In all instances it is the employer’s responsibility to notice the employee and inform them of the FMLA/CFRA benefits, whether or not the employee requests FMLA/CFRA.
Failure to notify an employee that FMLA/CFRA leave will be counted towards their twelve (12) workweeks entitlement. If the employer does not properly notice and designate, within two (2) days, the employee’s absence as FMLA/CFRA, then the leave is not FMLA/CFRA, and cannot be counted against the twelve (12) workweeks entitlement. Additionally, an employee cannot choose not to have FMLA/CFRA qualified leave designated against their unpaid twelve (12) workweek entitlement.
Taking disciplinary action (due to absenteeism) against an employee with an absence that would qualify under the FMLA/CFRA.
Failure to grant leave to provide physical care or psychological comfort to a seriously ill child, spouse, or parent.Checklist forSupervisors
Failure to reinstate an employee to the same or equivalent position, including the same shift.
Terminating an employee during or at the conclusion of an FMLA/CFRA leave.
Failure to grant FMLA/CFRA leave because of a misunderstanding of what qualifies as a “serious health condition”, especially “chronic health conditions.”
Asking for “diagnosis” on the Medical Certification Form. This is prohibited by the CFRA.
Failure to request a medical certification in writing and not giving an employee at least fifteen (15) days to obtain medical certification.Checklist forSupervisors