STATE LEAVE LAW UPDATES – WHAT’S HAPPENING IN YOUR NECK OF THE WOODS?

Posted on: October 22, 2018 0

California – New leave reason under paid family leave

California’s paid family leave law (CA PFL) provides up to 6 weeks of paid (but not job protected) leave of absence for family reasons. Current bases for which an employee can receive paid benefits include caring for a family member with a serious health condition and bonding with a new child.  Recently the California legislature passed, and the Governor signed, a bill adding military exigencies as a leave reason for which an employee can receive paid leave.  The events for which military exigency leave can be taken are the same as under FMLA, when the need is related to the military member’s active duty or call to active duty: 

  • Matters related to short-notice deployment
  • Military events and related activities
  • Childcare and school activities
  • Financial and legal arrangements
  • Counseling (other than from a health care provider)
  • Rest and recuperation
  • Post-deployment activities
  • Care for the parent of the military member
  • Additional activities agreed to by the employer and employee

The new law will be effective January 1, 2021; not clear why the big delay! The law does not expand the total paid leave time available to employees under CA PFL, nor does it provide job protection for this leave. Eligible employees will continue to have job-protected military exigency leave for up to 12 weeks under FMLA, which will run concurrently if the leave is taken for a reason covered by both laws.  However, military exigency leave is not provided by the California Family Rights Act (CFRA).

 

Pennsylvania – Expanding FMLA-like leave rights to care for more family members

The Pennsylvania legislature has revived a bill first introduced in 2017 that, if enacted, would provide FMLA-like leave based on additional family relationships and leave reasons.  Senate Bill 479  seeks to add siblings, grandparents, and grandchildren as family members for whom an employee can take job-protected leave, but only in very limited circumstances. The state bill incorporates some of the federal Family and Medical Leave Act’s provisions, such as employee eligibility rules and the definitions of employee and employer.

The additional family relationships for which leave would be provided are:

  • Grandparent: a biological or adoptive grandfather or grandmother or step-grandfather or step-grandmother
  • Grandchild: a biological or adoptive grandson or granddaughter or step-grandson or step-granddaughter
  • Sibling: a biological or adoptive brother or sister or stepbrother or stepsister

But, leave can be taken for these family members ONLY if the grandparent, grandchild, or sibling:

  • Has a certified terminal illness AND
  • Does not have a living spouse, child over 17 years of age or parent under 65 years of age

The bill, if passed, will provide 6 weeks of leave in a 12-month period that must be taken in minimum increments of one week. The leave will not run concurrently with FMLA because the new family relationships are not covered by FMLA. Conversely, however, FMLA leave taken will reduce an employee’s leave entitlement under the state statute.  How that provision will work is not entirely clear, but presumably the state is trying to provide leave for additional reasons without increasing an employee’s total leave entitlement in a 12-month period to more than the 12 weeks provided by the FMLA.

The bill also contains employee notice and certification provisions.

 

New York – Lingering attempts to expand leave reasons under the Paid Family Leave Act

New York’s Paid Family Leave Act (NY PFL), which went into effect on January 1, 2018, currently provides paid leave for bonding, caring for a family member with a serious health condition, and military exigencies related to a family member’s active duty deployment.  Benefits in 2018 are 8 weeks of leave paid at 50% of the employee’s average weekly wage (subject to a cap).  Those will increase to 10 weeks at 55% in 2019.  We provided a summary of the changes in this prior post.  For a refresher on NY PFL and other recent developments, check out our earlier posts on this blog by searching “New York.”  For more information, the official state website is here.

Several bills are currently pending in the New York legislative process for possible expansion of available leave reasons.  Here is a summary of the most pertinent.

Bereavement.   New York Senate Bill 8380A has passed both houses of the New York legislature and is awaiting (since June!) the governor’s signature or veto.  If passed, the bill adds bereavement due to the death of a family member as a leave reason for NY PFL.  Opponents of the bill point out that there is no time limit on usage of bereavement leave in relation to the date of the family member’s death, no limit on how much time can be used, and no limit on usage increments – so the employee can use bereavement leave in one-day increments as with other leaves under NY PFL.

Organ & tissue donation.  New York Senate Bill 2496 is also awaiting the governor’s signature. If signed, this bill will amend NY PFL to add “transplantation preparation and recovery from surgery related to organ or tissue donation” to the definition of serious health condition.  The bill does not make any additional changes to the NY PFL, but it does include a prohibition against discrimination in the provision of life, accident, health, and long term care insurance based on the status of an insured as a living organ or tissue donor.

Domestic violence.  Also pending, but farther back in the legislative process, is Senate Bill No 7723 that would add matters related to domestic violence as reasons for which an employee can take NY PFL.  Types of activities covered include getting medical attention, attending counseling sessions, seeking legal assistance, attendance in court proceedings, communicating with an attorney, relocating to a permanent or temporary residence.  The bill limits the amount of paid leave available for these reasons to 2 weeks, plus an additional 2 weeks of unpaid leave.  This bill has not made any headway in the legislature since early this year, but is still alive.  We previously provided details about this problematic bill here.

Matrix Can Help!

At Matrix we monitor state and federal legislative developments daily and report on any new or advancing leave- and accommodation-related laws to keep our clients and other business partners up to date.  If you ever have questions about leave and accommodation laws – current or just introduced! – please contact your account manager or send an email to ping@matrixcos.com.

California Updates Its Paid Family Leave Law with a Clean-Up Bill

Posted on: July 12, 2018 0

BY MARTI CARDI, VP-PRODUCT COMPLIANCE & GAIL COHEN, DIRECTOR-EMPLOYMENT LAW/COMPLIANCE

 

NOTE TO READERS:  This topic was originally addressed in this blog on July 12, 2018.  That post sparked some questions about the California Paid Family Leave program that make it appropriate to issue this revised article.  The content of the original post was accurate but is now supplemented with additional information in this version, specifically relating to the two weeks of PTO an employer can require an employee to use before taking California PFL.

______________________________________

Today’s post is not exactly earth shattering news, but we promise to keep you up to date on developments in leave laws and accommodations.  California has enacted a bill that makes a minor adjustment to the state’s paid family leave program – mostly a “technical correction” really. (CA A 2587)

The state family temporary disability insurance program, also known as the paid family leave program, provides wage replacement benefits to workers who take time off to care for a seriously ill family member or to bond with a minor child within one year of birth or placement of that child.

Existing California law allows an employer to require an employee to use up to 2 weeks of earned but unused vacation time before, and as a condition of, the employee’s initial receipt of paid family leave benefits during any 12-month period. Prior to January 1, 2018, California imposed a 7-day waiting period before employees could begin receiving benefits for a covered absence and the employer could apply that vacation pay to cover the waiting period. The 7-day waiting period for these benefits was eliminated as of January 1, 2018, by a prior law.

This new California law now eliminates the application of vacation leave to the waiting period, consistent with the removal of the 7-day waiting period for these benefits on and after January 1, 2018. After all, you can’t apply the employee’s vacation pay to the 7-day waiting period because there no longer is a 7-day waiting period.  Technically the effective date is January 1, 2019, but as there has been no waiting period since January 1, 2018, there has been nothing to which to apply that accrued vacation.

Employers are still able to require employees to use up to two weeks of accrued vacation or PTO, if available, prior to receipt of PFL benefits.  The use of such accrued paid time off is in addition to the 6 weeks of state or voluntary plan paid family leave benefits, which will follow the 2 weeks of PTO.  The statute refers to use of accrued “vacation” but material from the California Employment Development indicates that this includes an employer’s broader paid time off benefit as well.

Matrix can help!  Matrix is a leading provider of services for administering California State Disability Insurance and Paid Family Leave voluntary programs.  Ping us for more information at ping@matrixcos.com.

California Expands CFRA Bonding Leave Coverage

Posted on: October 18, 2017 0

By Marti Cardi, VP-Product Compliance Gail Cohen, Director-Employment Law/Compliance

California has enacted the New Parent Leave Act to amend the California Family Rights Act (CFRA).  Effective January 1, 2018, employers with 20 or more employees will be required to provide 12 weeks of leave for bonding following the birth, adoption, or foster placement of a child.  To be eligible, an employee must have worked for the employer:

  • For 12 months of service;
  • For 1250 hours in the 12 months immediately prior to the start of the requested leave; and
  • At a worksite with 20 or more employees within 75 miles.

Currently, CFRA applies only to employers with 50 or more employees, and the third eligibility requirement is employment at a worksite with 50 or more employees within 75 miles.  The new law will extend coverage to employees of smaller employers and to employees of large companies who work at smaller worksites.

The law does not apply to an employee who is subject to both CFRA and the federal FMLA, so an employee cannot double-dip on leave rights just because the employee is employed at a worksite that qualifies by having both 20 or more and 50 or more employees within 75 miles.

Regulations Pending.  The Act does not yet have supporting regulations.  However, it directs the Fair Employment and Housing Council (which promulgates regulations that implement CFRA and other California anti-discrimination laws) to incorporate existing CFRA regulations by reference to govern leave under the Act to the extent that those regulations are within the scope of, and not inconsistent with, the Act.

This means that topics on which the Act is silent are likely to be interpreted and governed by existing CFRA regulations.  Examples include CFRA regulations that require employees to take bonding leave within one year of the new child’s birth or placement and that require employers to allow intermittent bonding leave in minimum two-week increments plus two instances of shorter leave.

Additional details:

  • As with CFRA, the New Parent Leave Act requires employers, upon or before the commencement
    of leave, to provide the employee a guarantee of reinstatement to the same or a comparable position
    after the leave.
  • If both parents work for the same employer:

o   The employer can limit the total amount of bonding time for the parents to a
combined 12 weeks; and

o   The employer may but is not required to permit the employees to take bonding leave
at the same time.

  • The employee may elect to use accrued vacation pay, paid sick time, other accrued paid time off,
    or other paid or unpaid time off negotiated with the employer, during the period of parental leave.
  • The employer must maintain and pay for coverage under a group health plan at the same
    level and under the conditions that coverage would have been provided if the employee had
    continued to work rather than take leave.
  • The New Parent Leave Act does not affect an employee’s ability to take pregnancy disability
    leave is the employee is otherwise qualified for that leave.
  • The new law authorizes a parental leave mediation pilot program. Under the program, within
    60 days of receipt of a right-to-sue notice related to an alleged violation of the new Act, an
    employer may request all parties to participate in the department’s Mediation Division Program.
    In such case, the employee cannot pursue a civil action until the mediation is completed.  The pilot
    program is set to expire on January 1, 2020.

The text of the New Parent Leave Act (California Government Code § 12495.6) can be viewed here.

MATRIX CAN HELP! Questions about how legislative changes or court opinions could impact your business?
Want to learn more about our benefits and absence management solutions? Matrix provides leave, disability,
and accommodation management services to employers seeking a comprehensive and compliant solution
to these complex employer obligations. We monitor the many leave laws being passed around the country,
watch the courts and governmental agencies, and specialize in understanding how they work together.

For leave management and accommodation assistance, contact your Account Manager or local
Reliance Standard Sales Representative or contact us at ping@matrixcos.com.