California

Which family members do FMLA and CFRA cover?

Super basic question, but I’ve yet to find a simple, easy-to-read answer on the World Wide Web. So, here ya’ go!

FMLA and CFRA both cover the following:

  • Spouses:
    • Husbands and wives
    • Legal, same-sex married couples. As of March 27, 2015, those in legal, same-sex marriages – regardless of where they live – have the same rights as those in opposite-sex marriages to federal job-protected leave under FMLA and CFRA.
  • Sons or daughters:
    • Biological child
    • Adopted child
    • Foster child
    • Stepchild
    • Legal ward
    • Child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability.” Loco parentis is defined as someone with the day-to-day responsibilities to care for and financially support a child, or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
  • Parents:
    • Biological
    • Adoptive
    • Step
    • Foster father or mother
    • Any other individual who stood in loco parentis to the employee when he/she was a child. This does not include in-laws.

Additional coverage under CFRA is registered domestic partnerships. Effective July 1, 2015, CFRA leave may be taken to care for the serious health condition of a registered domestic partner, as defined by Family Code sections 297 through 297.5. If you live in California, where the FMLA law and the CFRA law differ, the most generous/less restrictive leave provisions must be applied. 

Additionally, there are couple other bonus coverage areas under California’s Paid Family Leave (PFL) that are worth noting. In July 2014, PFL was expanded to also cover siblings, grandparents, grandchildren and parent in-laws. Under the law, the term “sibling” is defined as “a person related to another person by blood, adoption, or affinity through a common legal or biological parent,” and “parent-in-law” is defined to include the parent of a spouse or domestic partner. Do remember though that PFL only provides partial wage replacement – and does NOT provide job security. So, if you’re thinking of taking leave to care for a sibling, grandparent, grandchild or an in-law, be sure to talk to your employer about job security.

You never know what kind of curve balls life will throw at you. I do feel some relief that federal and state leave benefits extend out to family – blood and non-blood – members. [Cue music!…]

Have you taken leave for an extended family member? Tell us about it in the comments below.

 

Common Maternity Leave Questions

Oh, maternity leave: the never ending abyss of questions and uncertainty. If you’re just starting to navigate the maternity leave waters check out my previous post on how to Milk Your Benefits. After reading about California maternity leave and you’ve found yourself like this, you’re not alone….

confused-britney

To help ease the process a bit, I’ve listed some of the most common questions I’ve been seeing in various “mommy” forums.

1) Can you accrue vacation days while on maternity leave? Typically, no – vacation and sick accrual usually stops when you start your leave. A company may chose to continue sick/vacation/PTO accrual as a benefit, but that is up to the company. Definitely something to confirm when you first talk to HR about your maternity leave benefits.

2) Will I still get health insurance through my company while I’m leave? Yes, you are entitled to the continuation of health benefits through your employer for the entire duration of your PDL and CFRA (if eligible) leave. However, depending on your employer’s policy, you may be responsible to pay the monthly premium. This amount is usually the amount you are paying each paycheck, but get that confirmed with HR too as they may cover some or all of the premium.

3) What’s the best way to fill out the EDD forms? In California, you can file claims for both SDI and Paid Family leave via the SDI Online system.

4) How does my doctor submit the medical portion of the SDI claim? If you submit the SDI claim online, you will be given a Form Receipt Number (FRN) which you have to provide to your doctor. They will then use your FRN to file the physician certificate online (or by mail). IMPORTANT NOTE: Filing online does NOT automatically kick things over to your doctor, you must notify your doc of your Form Receipt Number. Also, your SDI claim is not complete until the EDD gets the certification from your doctor.

5) If I work up until my baby is born will I get more time with my baby? No. Under the Pregnancy Disability Leave (PDL) law, most doctors will certify a pregnancy disability leave of 10-12 weeks for a normal pregnancy — 4 weeks before childbirth and 6 weeks after a vaginal delivery (or 8 weeks after delivery by cesarean section). This means that regardless of when you give birth you are either allotted 6 or 8 weeks after birth. Then, if eligible for CFRA, you are entitled to an additional 12 weeks of bonding leave following PDL. (More info on that here). So, my tip: If you can afford it (you will be paid 55% of your weekly wages under State Disability Insurance), definitely take some time before the baby is born to relax and get things organized since it is a “if you don’t use it; you lose it” situation.

I’ll continue to post common questions as I see them. In the meantime, if you have any questions send them my way by commenting below.

Happy Maternity Leave!