FAQ – Family Medical Leave Act (FMLA) & California Family Rights Act (trans)

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Quick Questions

What are the FMLA and trans?

FMLA stands for Federal Family and medical leave laws. Trans represents the California Family Rights Act. Both works represent federal and state laws that allow eligible employees to take up to 12 work weeks of unpaid leave in a 12 month period.

What are acceptable reasons for taking leave from work?

For FMLA reasons will include severe health worker, child, spouse or parent; birth of a child worker, placement of a child for adoption or foster care. This includes the period of incapacity due to pregnancy, including birth tests or severe morning sickness.

trans works the same as FMLA, except trans also allows for the care of a registered domestic partners and exclude pregnancy. For pregnancy, California allows up to 4 months of pregnancy Disability Leave (PDL) According to the California Fair Employment and Housing Act, all employers with five or more full or part time employees. PDL is some women hindered because of pregnancy, childbirth, or a related disease. This includes prenatal care and severe morning sickness

Federal Family and Medical Leave Act (FMLA) for Covered Employers

Covered employers are those who engage in activity that affects commerce and employing 50 workers or more in 20 weeks of the current or previous year. Government agencies and private primary and secondary schools are covered regardless of the number of employees.

California Family Rights Act (trans) for Covered Employers

Covered employers are those who participate in the company or business in California and employ 50 or more employees in all 20 weeks of the current or preceding calendar year. California, counties and any political or civil subdivision of the state and cities fall regardless of the number of employees.

FMLA and trans for covered employees

Defined workers are employed by the employer for at least 12 months (not necessarily consecutive months), worked at least 1,250 hours during the 12 months preceding the leave and employed at the building where 50 or more employees within a distance of 75 miles surface.

What are posting requirements?

An FMLA and trans notice explaining your vacation and procedures for filing a complaint with the Department of Labor, Wage and Hour Division will be posted in a conspicuous place where applicants and employees tend to accumulate.

Can the employer request medical certification?

FMLA and trans. The employer may request medical certification from the employee. The employer can ask for a second and even a third opinion to verify the accuracy of medical certification. However, under the trans, you can not ask a second or third medical opinion regarding the care of a family member employees. The employer must accept the certification

What is the employer’s duty to appoint or refuse permission?

For both FMLA and trans it is the duty of the employer to appoint or refuse permission in writing and specify if leave is paid or unpaid. Appointment of a license will be made prospectively and not retrospectively unless the employer lacks sufficient information as to the reason for the leave.

FMLA and trans Test Time off

For FMLA, up to 12 weeks in an established period of 12 months is permitted. May be taken when medically necessary intermittent leaves or reduced work schedule. Trans is the same as FMLA except to leave (s) taken before the birth, adoption or foster care placement must be given at least two weeks increments. Twice take steps less than two weeks.

FMLA and trans leave will run concurrently, except in the case of interruption taken for disability due to pregnancy, childbirth or related medical condition in the State University of California specifically subject to California Pregnancy disabilities go.

How to determine paid or unpaid leave.

FMLA and trans is unpaid, although employees can choose or the employer may require the division of unpaid FMLA with vacation or other accrued vacation and / or sick to the extent that conditions meet the typical strategy of the employer for the use of sickness.

is the group health coverage continue while the employee is on leave?

For both FMLA and trans, the employer must continue any group health plan during the FMLA leave, at least 12 weeks in the 12-month period, with the same conditions as if the employee was actively working. Longer health plan coverage or other benefits are determined by employer policy to the same extent and with the same conditions as would apply to any other license. Employees are still responsible for payment of benefits premium.

What happens when an employee returns from vacation?

In both FMLA and trans, the employee must be reinstated to the same or an equivalent position at the end of the holiday. However, the employee has no more right to rebuild, benefits, or other conditions of employment than if he or she was constantly working on FMLA leave. The exception to this is paid to key employees, defined as the highest paid 10% of all employees. If necessary, the denial is to avoid serious economic consequences for the employer, the employee must be properly informed.

above is a summary of information pertaining to the FMLA & trans and not a complete description of all the rules and regulations. And rules and regulations can change we can not confirm that all information is current or completely accurate. HCP National provides education to assist our clients in risk management following the various applicable federal laws, rules and regulations; but this is not an attempt requisite qualifications or legal services. We encourage everyone to consult their own to his lawyer, certified public accountant and tax professional in all matters relating to specific facts, persons, conditions or circumstances.

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