Transcript Understanding Leaves - United Public Employees Inc

Understanding Leaves
Part I
Stewards Council
Training - 2004
Created by Sandra J. Poole
Common Acronyms
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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
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Sick leave
FMLA
CFRA
Workers Comp
PDL
SDI
FTDI
Vacation
Care for Family Member
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FMLA
CFRA
FTDI
Sick Leave
Vacation
Parental Leave (new child)
Disability due to
pregnancy/childbirth
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FMLA
Ca FEHA
PDL
SDI
Sick Leave
Vacation Leave
Bond with a new child
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FTDI
FMLA
CFRA
Parental Leave
Maternity Leave
Different types of ‘leave’
Each Leave may include one or
more of the following benefits:
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Pays salary replacement
Protects workers’ employment
Pays other benefits
Guarantees time off
Guaranteed time off
(for qualified employees in most circumstances)
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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
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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
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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 2
Stewards Council
May 20, 2004
Leave Specifics
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Each type of leave has its own:
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Eligibility criteria
Authority
Method of enforcement
Relationship to other types of leave
Sick Leave
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Eligibility
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Incapacitating illness or injury for self; medical/dental appointment,
pregnancy, give blood
Needed to care for ill or injured family member
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Benefit
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Paid leave and benefits; 4.6 hrs per pay period, no cap accrual
Authority
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Family members are spouse, domestic partner, parent, grandparent,
child
close relative or non related child who resides with you
Negotiated Contracts – Section 9.2
Enforcement –
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Grievance procedure
Parental Leave
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Eligibility
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Benefit
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160 hours Paid leave and benefits, pro rated for part time
employees
Authority
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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
Negotiated Contracts
Enforcement
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Grievance Procedure
Disabililty Leave
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Eligibility
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Benefit
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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
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Regular employee
Temporary disability due to on job illness or injury
Negotiated Contracts
Enforcement
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Grievance Procedure
Family Medical Leave Act
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Eligibility
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Benefit
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12 weeks of unpaid leave, maintains paid benefits, employee
cannot suffer adverse employment consequences.
Authority
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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.
Federal Statute 29 CFR Section 2601 et seq. County
Ordinance and County Policy
Enforcement
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U.S. Dept of Labor Wage and Hour Division and/or Expedited
Grievance Procedure
STATE DISABILITY
INSURANCE (SDI)
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Eligibility:
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Benefit
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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
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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
Negotiated contract , implementation rules of State Employment
Development Department (EDD)
Enforcement
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Grievance and/or appeal to EDD
Family Temporary
Disability Insurance
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Eligibility
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Benefits
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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
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