FMLA CFRA Leave Orientation

1
FMLA / CFRA Leave Orientation

• 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

2
FMLA / CFRA Leave Test Your Knowledge Quiz

• What does FMLA/CFRA stand for?
• 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 leavewhat 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?

3
Definition of FMLA and CFRA

• FMLA
• Family Medical Leave Act
• Federal law
• Administered by Dept of Labor

• CFRA
• California Family Rights Act
• State law
• Administered by Dept of Fair Employment and
  Housing

4
Benefits to Employees

• Twelve workweeks of paid or unpaid leave
• Job is protected during this time
• Employer-paid health, dental, and vision
  benefits.

5
Reasons for Leave

• Birth or adoption of child or foster care
  placement of child
• 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.
  

6
Serious Health Condition

• An illness, injury, impairment, or physical or
  mental
• 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 or

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Serious 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 Alzheimers,
  a severe stroke, terminal cancer). Only
• supervision by a health
  care provider is required, rather than active
• treatment or
• 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).

8
Health Care Providers

• A doctor of medicine or osteopathy authorized to
  practice medicine or surgery by the state in
  which the doctor practices.

9
Health Care Providers

• 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.

10
Health Care Providers

• Nurse practitioners, nurse-midwives and clinical
  social workers authorized to practice, and
  performing within the scope of their practice, as
  defined under state law or

11
Health Care Providers

• A Christian Science practitioner listed with the
  First Church of Christ, Scientist in Boston,
  Massachusetts.

12
Health Care Providers

• 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.

13
Who is ELIGIBLE?

• Must be employed at least 12 months
• 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.

14
Use of Leave Credits

• No limitation on employees 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 departments
  operations.

15
Required Medical Information

• 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.

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Required Medical Information (continued)

• 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.

17
Periodic Reporting

• 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.

18
Payment ofBENEFITS

• During unpaid FMLA/CFRA leave, the department
  will pay the entire premiums of an employees
  health, dental, and vision benefits.
• When employee returns to work, an accounts
  receivable will be set up to recover the
  employees 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.

19
Checklist forSupervisors

• Failure to notify employee of FMLA/CFRA rights.
  In all instances it is the employers
  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 employees 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.

20
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.