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Text Box:     Q: What is the Family and Medical Leave Act (FMLA)? A: The FMLA is a federal statute passed in 1993 that requires covered employers to grant to eligible employees “…up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.” (Source: Q: But how does this apply to California, don’t we have our own legislation for this? A: Yes, the California Family Rights Act (CFRA) was passed before the FMLA, but federal law also applies. Sometimes state and federal laws conflict, and when this happens it can be very difficult to determine how to best comply with all of the different laws without consulting an attorney. Q: OK, so is there a difference between FMLA and CFRA? A: They’re actually pretty similar, but there are several differences; for example, FMLA does not allow for baby bonding leave to be taken intermittently and CFRA does. Review the following websites for more information:  DFEH info on CFRA http:/www.dfeh.ca.gov/Statutes/cfra.asp DFEH CFRA Fact Sheet http:/www.dfeh.ca.gov/Publications/DFEH20188.pdg FMLA: http://www.dol.gov/esa/whd/fmla/(provides general compliance assistance) http:www.dol.gov/elaws/fmla.htm (provides personalized compliance assistance) Q: What about California Pregnancy Disability Leave? How does this interact with FMLA/CFRA? A: “An employer must provide up to four months disability leave for a woman who is disabled due to pregnancy, childbirth, or a related medical condition.” “A woman who takes a pregnancy disability leave is also entitled to take a CFRA leave if she meets the eligibility requirements for a CFRA leave. That means that a woman who is eligible for CFRA leave could take up to four months of pregnancy disability leave for her pregnancy disability and could also be entitled to up to 12 weeks of CFRA leave to bond with the baby, or for another CFRA qualifying event such as to bond with an adopted child, or to care for a parent, spouse or child with a serious health condition.” (Source: http:// www.dfeh.ca.gov/Statutes/pregnancyleave.asp) Also, see: http:/www.dfeh.ca.gov/Publications/DFEH%20100-20.pdf (PDL Notice) http://www.dfeh.ca.gov/Pulications/DFEH%20100-21.pdf (PDL & CFRA Notice) http://www.dfeh.ca.gov/Publications/DFEH%20186.pdff(DFEH PDL Fact Sheet) Q: Isn’t there some new kind of family leave for employees in California? A: A: Yes, SB 727, which became effective 7/1/04, established the Family Temporary Disability Insurance program, known as the Paid Family Leave insurance program. This program applies to all employees who are covered by State Disability Insurance (SDI), and is administered by the Employment Development Department (EDD). Employers are required to provide the PFL brochure to new employees and employees who request leave to care for a seriously ill family member or bond with a new child. The following link has more details on what is covered, and also has a very helpful chart that compares the major distinctions between CFRA/FMLA and PFL (FTDI). http://www.dfeh.ca.gov/News/Bulletin-Paid%20Family%20Leave%2012-31-03%20web.pdf   If you have questions call George Green@963-0601.   http://www.dfeh.ca.gov/News/Bulletin-Paid%20Family%20Leave%2012-31-03%20web.pdf    

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Text Box:   FACT SHEET ON FMLA/CFRA Submitted by George Green

Rounded Rectangle:   Text Box: Q: What is the Family and Medical Leave Act (FMLA)?

Text Box: Q: OK, so is there a difference between FMLA and CFRA?

Text Box: Q: Isn’t there some new kind of family leave for employees in California?