1. Understanding Leaves Part I Stewards Council Training - 2004 Created by Sandra J. Poole

2. Common Acronyms FMLA – Family Medical Leave Act (federal) CFRA - California Family Rights Act (state) PDL – Pregnancy Disability Leave (state) Ca FEHA- Fair Employment and Housing Act (state) FTDI – Family Temporary Disability Insurance (state) Parental Leave (county/contract) Sick Leave (county/contract) Vacation Leave (county/contract Maternity Leave (county contract) SDI – State Disability Insurance (state) WC- Workers Compensation Insurance (state/county) PFL- Paid Family Leave AKA FTDI (state)

3. Purpose of the leaves Each type of leave has it is own definitions of the conditions covered Some are for employee illness/injury Some are to care for others Some are for pregnancy Some are to bond with new children

4. Employee Incapacity Sick leave FMLA CFRA Workers Comp PDL SDI FTDI Vacation

5. Care for Family Member FMLA CFRA FTDI Sick Leave Vacation Parental Leave (new child)

6. Disability due to pregnancy/childbirth FMLA Ca FEHA PDL SDI Sick Leave Vacation Leave

7. Bond with a new child FTDI FMLA CFRA Parental Leave Maternity Leave

8. Different types of ‘leave’ Each Leave may include one or more of the following benefits: Pays salary replacement Protects workers’ employment Pays other benefits Guarantees time off

9. Guaranteed time off (for qualified employees in most circumstances) Parental leave Sick Leave FMLA CFRA Maternity Leave

10. Some leaves include some form of salary payment Leave May Provide pay Sick leave Vacation Parental Leave FDTI SDI WC Leaves that do not provide for pay FMLA CFRA PDL CA- FEHA Maternity Leave

11. Some Leaves Provide Limited Job Protection Provides protection FMLA CFRA Sick Leave Approved vacation Parental Leave WC Maternity Leave CA FEHA (pregnancy only) Job protection not feature FDTI SDI

12. Pays other benefits Pays medical or other benefits Workers Comp Sick Leave Vacation FMLA CFRA Parental Leave PDL No payment of benefits Maternity Leave SDI CA-FEHA FTDI

13. Leaves may run concurrently Some leaves require or allow employer to require use of accrued leave Some leaves may run concurrently with other leaves Some leaves may run consecutively with other leaves FMLA and CFRA both run concurrently with all other leaves

14. Next Month Continued Training on Leaves Details of each type of leave Scenarios of actual leave situations Please send any real-life leave scenarios to the office in advance for them to be included in our discussions

15. Understanding Leaves Part 2 Stewards Council May 20, 2004

16. Leave Specifics Each type of leave has its own: Eligibility criteria Authority Method of enforcement Relationship to other types of leave

17. Sick Leave Eligibility Incapacitating illness or injury for self; medical/dental appointment, pregnancy, give blood Needed to care for ill or injured family member Family members are spouse, domestic partner, parent, grandparent, child close relative or non related child who resides with you Benefit Paid leave and benefits; 4.6 hrs per pay period, no cap accrual Authority Negotiated Contracts – Section 9.2 Enforcement – Grievance procedure

18. Parental Leave Eligibility Birth of child Placement of child for adoption and home study All leave must be taken within 4 months Written request/approval 30 days in advance Benefit 160 hours Paid leave and benefits, pro rated for part time employees Authority Negotiated Contracts Enforcement Grievance Procedure

19. Disabililty Leave Eligibility Regular employee Temporary disability due to on job illness or injury Benefit Use any accrued leave in combined with WC up to full pay/benefits Use any accrued leave without WC up to full pay/benefits Authority Negotiated Contracts Enforcement Grievance Procedure

20. Family Medical Leave Act Eligibility 12 months on job, worked 1250 hours. A serious health condition for self, parent, child, spouse or the care of a newborn/ adopted/ foster child. No waiting period. Runs concurrent with all other paid/unpaid leaves. Benefit 12 weeks of unpaid leave, maintains paid benefits, employee cannot suffer adverse employment consequences. Authority Federal Statute 29 CFR Section 2601 et seq. County Ordinance and County Policy Enforcement U.S. Dept of Labor Wage and Hour Division and/or Expedited Grievance Procedure

21. STATE DISABILITY INSURANCE (SDI) Eligibility: Non-work related disability from mental or physical illness or injury preventing usual or customary work, includes childbirth. Under the care of licensed practitioner. 7 day waiting period. Applications usually obtained doctor’s office sent to EDD. Premiums paid by employees Benefit 52 weeks of cash benefits up to maximum benefit of $728 per week. Employee can integrate accrued leave to get full salary. Integration must occur in first pay period of benefits Authority Negotiated contract, implementation rules of State Employment Development Department (EDD) Enforcement Grievance and/or appeal to EDD

22. Family Temporary Disability Insurance Eligibility A serious illness of self or child, parent, spouse or domestic partner. Bonding with a newborn or newly adopted child. 7 day waiting period. Must be covered by SDI Benefits 6 weeks of benefits per 12 month period. Weekly benefits from $50-$728 depending on income. Basically 55% of salary up to maximum benefit. May be required to use 2 weeks accrued vacation. Authority State statute Enforcement Applications and Appeals to EDD