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| Governmental Regulations |
| More Information About California FTDI Benefits: What does an employer need to know? |
Implementing FTDI Benefits doesn’t have to be overly burdensome, but wise employers will eliminate pain by understanding the intricacies of the law. Here are a few pointers recommended by Terry Chapko and John English, attorneys specializing in labor and employment law:
- Remember that paid family leave does not give employees the legal right to take a leave of absence. (It provides partial pay for when they are otherwise legally entitled to take family leave—under FMLA or the CFRA).
- Employers with fewer than 50 workers (who are not subject to the FMLA or the CFRA) have no legal obligation to provide employees with a leave of absence or hold their jobs open, even if the workers are receiving FTDI benefits.
- Currently, neither the FMLA nor the CFRA provide benefits to employees who leave work to care for a registered domestic partner or the child of a registered domestic partner. Unless those laws are amended, employees may be entitled to paid leave, but employers would not have to guarantee to hold a job open once leave was completed.
- An employer may require the employee to provide medical certification that the leave is necessary. An employee must verify that he or she is the only person who will be caring for the family member or domestic partner. (Unfortunately, no one has clarified how an employer is expected to verify such a claim).
- Employees are not eligible for benefits if they are also receiving other unemployment or disability benefits. And where an employee is eligible for FMLA and/or CFRA leave, any period of leave for which FTDI benefits are paid must be taken concurrently with FMLA and/or CFRA leaves.
- Employees must be off work for at least seven days before FTDI benefits are available.
- Employers may require employees to use up to two weeks of earned vacation prior to receiving FTDI benefits.
- If an employer requires an employee to use earned vacation, up to seven days of the vacation leave can be applied to the seven-day waiting period.
Source: Terry Chapko and John English. “Paid Family Leave—It Could Happen to You.” HRMagazine.
Vol. 47, No 12. http://www.shrm.org/hrmagazine/articles/1202/1202legal.asp
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