Family and Medical Family and Medical Leave LawLeave Law

Regina W. Romeo, M.P.A., Regina W. Romeo, M.P.A., H.R.M.H.R.M.

Countywide Family and Countywide Family and Medical Leave CoordinatorMedical Leave Coordinator

Eligible EmployeesEligible Employees

12 Aggregate 12 Aggregate Months of County Months of County ServiceService

Worked 1,250 hours Worked 1,250 hours in the previous 12 in the previous 12 monthsmonths

Permanent, Permanent, Temporary, Part-Temporary, Part-time or Recurrenttime or Recurrent

DefinitionsDefinitions

Son or DaughterSon or Daughter SpouseSpouse ParentParent In Loco ParentisIn Loco Parentis Domestic PartnerDomestic Partner Health Care Health Care

ProviderProvider Next of KinNext of Kin Qualifying ExigencyQualifying Exigency

Serious Health Serious Health ConditionCondition

Unable to Perform Unable to Perform the Functions of the Functions of the Position the Position

Need to Care for a Need to Care for a Family MemberFamily Member

WorkweekWorkweek

FMLA and CFRAFMLA and CFRA

Qualifying ReasonQualifying Reason FMLAFMLA CFRACFRA

An employee’s own serious health An employee’s own serious health conditioncondition

Care of a newborn (baby bonding)Care of a newborn (baby bonding) Care of a child, spouse or parent’s Care of a child, spouse or parent’s serious health conditionserious health condition

Newly adopted child or foster care Newly adopted child or foster care placementplacement

FMLA and CFRAFMLA and CFRA

Qualifying ReasonQualifying Reason FMLAFMLA CFRACFRA

Prenatal CarePrenatal Care Birth of a ChildBirth of a Child Care of a Domestic PartnerCare of a Domestic Partner Care of a Domestic Partner’s ChildCare of a Domestic Partner’s Child Military Personnel Caregiver Leave Military Personnel Caregiver Leave Qualifying Exigency LeaveQualifying Exigency Leave

Employee’s Notification Employee’s Notification ResponsibilityResponsibility

30 Days Notice30 Days Notice Emergency notice Emergency notice

from employee or from employee or employee’s employee’s representative representative ASAPASAP

Intermittent Leave Intermittent Leave must not disrupt must not disrupt the department’s the department’s operationoperation

Employer’s Notification Employer’s Notification ResponsibilityResponsibility

Management Management alwaysalways designates designates leave timeleave time

Employee must be Employee must be notified of notified of designation in five designation in five (5) business days(5) business days

CHCP form CHCP form mustmust be be returned in 15 daysreturned in 15 days

Paid and Unpaid LeavePaid and Unpaid Leave

For Your own SHCFor Your own SHC

Any earned or Any earned or accrued time (sick, accrued time (sick, vacation, holiday, vacation, holiday, OT, etc.) OT, etc.)

Short-term Short-term DisabilityDisability

Compensatory Compensatory Time Off (CTO)Time Off (CTO)

Qualifying Family Qualifying Family MemberMember

Any earned or Any earned or accrued time accrued time except sick leaveexcept sick leave

Twelve Personal Twelve Personal Days of Sick Leave Days of Sick Leave (Kin Care Law)(Kin Care Law)

Pregnancy Disability LeavePregnancy Disability Leave

Employee is disabled Employee is disabled by pregnancy or by pregnancy or pregnancy related pregnancy related conditioncondition

No “hours worked” or No “hours worked” or “length of service” “length of service” requirementrequirement

FMLA runs FMLA runs concurrentlyconcurrently

CFRA runs CFRA runs consecutivelyconsecutively

FMLA and Labor Code 4850FMLA and Labor Code 4850

Labor Code 4850 Labor Code 4850

Provides full benefits to Provides full benefits to safety employees safety employees injured on the job.injured on the job.

Benefits run for one Benefits run for one year or RTW date year or RTW date (whichever comes (whichever comes first). first).

CannotCannot run run concurrently with concurrently with FMLA. FMLA.

Other GuidelinesOther Guidelines

An employee An employee cannotcannot reject a reject a designation of FMLA. designation of FMLA.

Exempt Employees Exempt Employees mustmust post their post their own time for FMLA related absencesown time for FMLA related absences

Power of Attorney does Power of Attorney does notnot create a create a relationship for FMLA purposesrelationship for FMLA purposes

If fraud or abuse is suspected, If fraud or abuse is suspected, contact Human Resources.contact Human Resources.

New FMLA Provisions New FMLA Provisions

Redefines Serious Health ConditionRedefines Serious Health Condition Follow the employer’s same terms and Follow the employer’s same terms and

conditions for using paid time off for conditions for using paid time off for FMLAFMLA

Employees must follow employer’s Employees must follow employer’s call-in procedurescall-in procedures

Employer (not direct supervisor) can Employer (not direct supervisor) can contact employee’s health care contact employee’s health care providerprovider

New FMLA ProvisionsNew FMLA Provisions

Fitness for Duty statements must Fitness for Duty statements must have specifics for employee’s job have specifics for employee’s job dutiesduties

Medical Certification can be required Medical Certification can be required every six months for employees with every six months for employees with lifetime or chronic conditionslifetime or chronic conditions

Designation must be be done in Designation must be be done in writing in five businesswriting in five business

Any Questions?Any Questions?