Discrepancy between California Family Leave Act and FMLA
Sacramento, CA: A new study published by Forbes suggests that although employees in California have access to paid family leave, few employees are using it. A major reason for that discrepancy could be that although California’s Family Temporary Disability Insurance (FTDI) allows for paid family leave, it does not offer job protection for workers who take the leave. That protection is offered by the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), but those acts only apply to certain employees who are on unpaid leave.
According to the Forbes (3/4/16) article, California was the first state to allow for paid family leave. Under FTDI, employees are eligible for around 55 percent of their weekly wage for up to six weeks. And although the number of employees using the leave is increasing, in total fewer than two percent of the California workforce used the leave in 2014.
One reason for the discrepancy between availability and use of the program could lie in the job protections. The FTDI allows people paid leave, but it doesn’t offer job protection. That’s offered through the CFRA and the FMLA.
Those acts offer job security, but only to employees who have worked at least 1,250 hours in a year at a company with more than 50 employees. Under FMLA and the CFRA, employees who work for a covered employer are eligible for up to 12 weeks of unpaid, job-protected leave in a year.
In other words, workers in California who are employed by small businesses are eligible for the leave but not entitled to a job at the end of the leave. The prospect of losing a job could be incentive not to take the leave at all.
As of January 1, 2016, California updated its family leave laws. Updates including requiring employers to allow employees to use their available paid sick leave for the diagnosis, care or treatment of an illness of that employee’s family member. The update also includes requiring employers with 25 or more employees at the same location to allow the parent or guardian to take up to 40 hours off each year to find, enroll, or reenroll a child in a school or child care provider; to participate in activities of the school or child care provider; or to address a child care provider or school emergency.
In addition to allowing parents to take time off for their children, Senate Bill 579 allows anyone who is a guardian to the child to take the time, including stepparents, foster parents and grandparents.
Employees whose rights under California laws or the FMLA are violated may be eligible to file a lawsuit against their employer.
According to the Forbes (3/4/16) article, California was the first state to allow for paid family leave. Under FTDI, employees are eligible for around 55 percent of their weekly wage for up to six weeks. And although the number of employees using the leave is increasing, in total fewer than two percent of the California workforce used the leave in 2014.
One reason for the discrepancy between availability and use of the program could lie in the job protections. The FTDI allows people paid leave, but it doesn’t offer job protection. That’s offered through the CFRA and the FMLA.
Those acts offer job security, but only to employees who have worked at least 1,250 hours in a year at a company with more than 50 employees. Under FMLA and the CFRA, employees who work for a covered employer are eligible for up to 12 weeks of unpaid, job-protected leave in a year.
In other words, workers in California who are employed by small businesses are eligible for the leave but not entitled to a job at the end of the leave. The prospect of losing a job could be incentive not to take the leave at all.
As of January 1, 2016, California updated its family leave laws. Updates including requiring employers to allow employees to use their available paid sick leave for the diagnosis, care or treatment of an illness of that employee’s family member. The update also includes requiring employers with 25 or more employees at the same location to allow the parent or guardian to take up to 40 hours off each year to find, enroll, or reenroll a child in a school or child care provider; to participate in activities of the school or child care provider; or to address a child care provider or school emergency.
In addition to allowing parents to take time off for their children, Senate Bill 579 allows anyone who is a guardian to the child to take the time, including stepparents, foster parents and grandparents.
Employees whose rights under California laws or the FMLA are violated may be eligible to file a lawsuit against their employer.
No Comments