November 30, 2017
Effective January 1, 2018, there’s a new law in town – and it will have the greatest impact on employers with 20 -49 employees.
You may have heard of the Family Medical Leave Act (FMLA – Federal Law) and the California Family Rights Act (CFRA – California’s version). Both of these laws apply to employers with 50 or more employees and grant unpaid leave for various health-related issues and/or child bonding. The child-bonding feature will be extended to smaller employers under the New Parent Leave Act (NPLA), starting in 2018.
The most important things to know:
- Applies to employers with 20 or more employees in a 75-mile radius
- Provides up to 12 workweeks of unpaid, job-protected leave per year
- Employees are allowed to use accrued paid sick time/vacation/ PTO (but are not required to use accrued time)
- Employees must have worked at least 12 months and 1250 hours to be eligible
- Leave must be taken within 12 months of birth, placement, or adoption of child
- Group health coverage must be maintained under the same terms as if the employee was still actively working
- Upon return, employee must be restored to their original or equivalent job
- This leave is in addition to any Pregnancy Disability Leave granted to employees.
To avoid potential litigation, it is recommended that you provide written notice of reinstatement guarantee BEFORE the leave starts.
Further guidance from regulatory agencies regarding required notices, etc. is expected in the near future. In the meantime, you can log into and check hr360 for updates – Family and Medical Leave
For more information, you can find the law here: Today’s Law As Amended.