Understanding Leaves Part I Stewards Council Training - 2004 Created by Sandra J. Poole.

Understanding Leaves

Part IStewards CouncilTraining - 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

Employee Incapacity Sick leave FMLA CFRA Workers Comp PDL SDI FTDI Vacation

Care for Family Member

FMLA CFRA FTDI Sick Leave Vacation Parental Leave (new child)

Disability due to pregnancy/childbirth FMLA Ca FEHA PDL SDI Sick Leave Vacation Leave

Bond with a new child FTDI FMLA CFRA Parental Leave Maternity Leave

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

Understanding Leaves

Part 2Stewards Council

May 20, 2004

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