May 19, 2020
In the face of COVID-19, Guardian HR offers an overview of the different types of paid leave that is available to employees in California. They also offer a side-by-side comparison to determine which paid leave best works for your clients’ employees.
Family and Medical Leave Act (FMLA)
FMLA offers up to 12 weeks of unpaid, job-protected leave per year to certain employees. Their group health benefits must be maintained during the leave. FMLA applies to all public agencies, public and private elementary and secondary schools, and companies with 50 employees or more. These employers must offer an eligible employee up to 12 weeks of unpaid leave each year for any of these reasons:
- The birth of a child or adoption or foster care placement of a child
- Care for an immediate family member with a serious health condition (i.e., spouse, child, or parent)
- Medical leave when the employee is unable to work because of a serious health condition
- Employees are eligible for leave if they have worked for their employer for at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is based on FLSA principles for determining compensable hours of work.
- Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
- California Family Rights Act (CFRA)
- Under CFRA, eligible employees can take up to 12 weeks of paid or unpaid job-protected leave during a 12-month period for the following reasons:
- The birth of a child or adoption or foster care placement of a child
- Care for an immediate family member with a serious health condition (spouse, child, or parent)
- The employee is unable to work because of a serious health condition ̶ an illness, injury, impairment, or physical or mental condition that causes or requires:
- Ongoing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable
- Restorative dental or plastic surgery after an accident or injury
While on leave, employees keep the same employer-paid health benefits they had while working.
California's Pregnancy Disability Leave
Under California Pregnancy Disability Leave, employers with five or more employees must give employees up to 12 weeks of unpaid disability leave because of pregnancy, childbirth, or a related illness. Employers must give employees a reasonable accommodation or transfer them to a less hazardous or strenuous job. However, employers can deny any reasonable accommodation request if they can prove it would be an undue burden.
California Parental Leave Policy
Under the California New Parent Leave Act (S.B. 63), eligible employees can take up to 12 weeks of unpaid leave within a 12-month period to bond with a new child within one year of the child's birth, adoption, or foster care placement.
