Understanding Leaves Part I Stewards Council Training - 2004 Created by Sandra J. Poole.
-
Upload
clementine-harmon -
Category
Documents
-
view
221 -
download
3
Transcript of Understanding Leaves Part I Stewards Council Training - 2004 Created by Sandra J. Poole.
Common Acronyms FMLA – Family Medical Leave Act (federal) CFRA - California Family Rights Act (state) PDL – Pregnancy Disability Leave (state) Ca FEHA- Fair Employment and Housing Act
(state) FTDI – Family Temporary Disability Insurance
(state) Parental Leave (county/contract) Sick Leave (county/contract) Vacation Leave (county/contract Maternity Leave (county contract) SDI – State Disability Insurance (state) WC- Workers Compensation Insurance (state/county) PFL- Paid Family Leave AKA FTDI (state)
Purpose of the leaves
Each type of leave has it is own definitions of the conditions covered
Some are for employee illness/injury Some are to care for others Some are for pregnancy Some are to bond with new children
Different types of ‘leave’Each Leave may include one or
more of the following benefits:
Pays salary replacement Protects workers’ employment Pays other benefits Guarantees time off
Guaranteed time off (for qualified employees in most circumstances)
Parental leave Sick Leave FMLA CFRA Maternity Leave
Some leaves include some form of salary payment
Leave May Provide pay
Sick leave Vacation Parental Leave FDTI SDI WC
Leaves that do not provide for pay
FMLA CFRA PDL CA- FEHA Maternity Leave
Some Leaves Provide Limited Job Protection
Provides protection FMLA CFRA Sick Leave Approved vacation Parental Leave WC Maternity Leave CA FEHA (pregnancy
only)
Job protection not feature
FDTI SDI
Pays other benefits
Pays medical or other benefits
Workers Comp Sick Leave Vacation FMLA CFRA Parental Leave PDL
No payment of benefits Maternity Leave SDI CA-FEHA FTDI
Leaves may run concurrently Some leaves require or allow
employer to require use of accrued leave
Some leaves may run concurrently with other leaves
Some leaves may run consecutively with other leaves
FMLA and CFRA both run concurrently with all other leaves
Next Month
Continued Training on Leaves Details of each type of leave Scenarios of actual leave situations Please send any real-life leave
scenarios to the office in advance for them to be included in our discussions
Leave Specifics
Each type of leave has its own:
Eligibility criteria Authority Method of enforcement Relationship to other types of leave
Sick Leave Eligibility
Incapacitating illness or injury for self; medical/dental appointment, pregnancy, give blood
Needed to care for ill or injured family member Family members are spouse, domestic partner, parent,
grandparent, child close relative or non related child who resides with you
Benefit Paid leave and benefits; 4.6 hrs per pay period, no cap
accrual Authority
Negotiated Contracts – Section 9.2 Enforcement –
Grievance procedure
Parental Leave Eligibility
Birth of child Placement of child for adoption and home study All leave must be taken within 4 months Written request/approval 30 days in advance
Benefit 160 hours Paid leave and benefits, pro rated for part
time employees Authority
Negotiated Contracts Enforcement
Grievance Procedure
Disabililty Leave Eligibility
Regular employee Temporary disability due to on job illness or injury
Benefit Use any accrued leave in combined with WC up
to full pay/benefits Use any accrued leave without WC up to full
pay/benefits Authority
Negotiated Contracts Enforcement
Grievance Procedure
Family Medical Leave Act Eligibility
12 months on job, worked 1250 hours. A serious health condition for self, parent, child, spouse or the care of a newborn/ adopted/ foster child. No waiting period. Runs concurrent with all other paid/unpaid leaves.
Benefit 12 weeks of unpaid leave, maintains paid benefits,
employee cannot suffer adverse employment consequences.
Authority Federal Statute 29 CFR Section 2601 et seq. County
Ordinance and County Policy Enforcement
U.S. Dept of Labor Wage and Hour Division and/or Expedited Grievance Procedure
STATE DISABILITY INSURANCE (SDI)
Eligibility: Non-work related disability from mental or physical illness or
injury preventing usual or customary work, includes childbirth. Under the care of licensed practitioner. 7 day waiting period. Applications usually obtained doctor’s office sent to EDD. Premiums paid by employees
Benefit 52 weeks of cash benefits up to maximum benefit of
$728 per week. Employee can integrate accrued leave to get full salary. Integration must occur in first pay period of benefits
Authority Negotiated contract , implementation rules of State
Employment Development Department (EDD) Enforcement
Grievance and/or appeal to EDD
Family Temporary Disability Insurance Eligibility A serious illness of self or child, parent,
spouse or domestic partner. Bonding with a newborn or newly adopted child. 7 day waiting period. Must be covered by SDI
Benefits 6 weeks of benefits per 12 month period. Weekly benefits from $50-$728 depending on income. Basically 55% of salary up to maximum benefit. May be required to use 2 weeks accrued vacation.
Authority State statute
Enforcement Applications and Appeals to EDD