I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA"

Transcription

1 I Have California Employees. Now What? Brenda S. Kasper, Esq. SHRM-SCP, SPHR-CA

2

3 Eureka!

4 Session Objectives Presentation Title (24 point Calibri; color = white) Understand California employment law differences Determine effective methods to comply with conflicting, multistate employment law requirements Document personnel decisions effectively in light of conflicting legal obligations Understand proper use of the attorney-client privilege

5 Which Law Applies? Help! I Have California Employees, Now What? The Prime Directive: The law MOST FAVORABLE to the employee applies

6 California Major Employment Law Coverage Chart State Law Cal-WARN Act California Family Rights Act Shared Labor Contractor Liability Fair Employment and Housing Act Pregnancy Disability Leave Fair Pay Act Paid Sick Leave Law Cal-OSHA Employers Covered Industrial or commercial facilities that employed 75 full or part time employees in preceding 12 months 50 or more employees in any state 25 or more employees, including workers provided by labor contractor 5 or more persons For harassment, employs 1 or more persons (including contractors) 5 full or part time employees All California employers All California employers All California employers

7 Help! I Have California Employees, Now What? Understand and Effectively Use the Attorney Client Privilege

8 Help! I Have California Employees, Now What? Don t Tell On Yourself in Writing

9 Help! I Have California Employees, Now What? Avoid Deadly Documentation Sins Don t Under-Document

10 Help! I Have California Employees, Now What? Avoid Deadly Documentation Sins Don t Over-Document

11 Hiring and Background Checklist Help! I Have California Employees, Now What? California background check laws in addition to FCRA No credit check except for certain hires Copy of public records reviewed must be offered Criminal conviction prohibitions Statutory list of what can t be considered (recent marijuana misdemeanors, expunged, legally-eradicated or sealed matters, juvenile records, etc.) Wage theft notice Provided at time of hire to non-exempt employees Gives wage rate and other information Provides information on state sick pay entitlements Social media prohibitions Can t require applicant (or employee) passwords or require personal social media access Ban the box laws No state law (yet), but LA, San Francisco and others

12 Help! I Have California Employees. Now What? Non-Exempt Employee Wage and Hour Essentials Daily Overtime City Minimum Wages Time and ½ regular rate for over 8 hours in a workday, in excess of 40 in a workweek and the first 8 hours on the 7 th consecutive workday of the week Double time for over 12 hours in a workday and after 8 hours on the 7 th consecutive workday of the week San Francisco, San Diego and Los Angeles, among others Meal and Rest Breaks Reporting Time Pay Up to two, 30-minute unpaid meal periods per day 10 minute rest breaks for every 4 hours of work or major fraction thereof If furnished less than ½ the usual workday, at least 2 and no more than 4 hours must be paid Wage Statement Requirements Labor Code section 226 requires employers to provide employees with a written itemized statement at the time wages are paid

13 Help! I Have California Employees. Now What? Exempt Employee Wage and Hour Essentials

14 Help! I Have California Employees. Now What? California Minimum Wage (And Salary) Requirements California minimum wage increase for employers** with 26 or more employees: 1/1/17: $10.50/hr $43,680 1/1/18: $11.00/hr $45,760 1/1/19: $12.00/hr $49,920 1/1/20: $13.00/hr $54,080 1/1/21: $14.00/hr $58,240 1/1/22: $15.00/hr $62,400 **New minimum salary rule for certain private school employees as of July 1, 2017

15 Help! I Have California Employees. Now What? California Minimum Wage (and Salary) Requirements California minimum wage increase for employers** with 25 or fewer employees: 1/1/18: $10.50/hr $43,680 1/1/19: $11.00/hr $45,760 1/1/20: $12.00/hr $49,920 1/1/21: $13.00/hr $54,080 1/1/22: $14.00/hr $58,240 1/1/23: $15.00/hr $62,400 **New minimum salary rule for certain private school employees as of July 1, 2017

16 Other Wage and Hour Rules Help! I Have California Employees, Now What? No vacation forfeiture Not required, but once provided, strict rules apply Capping allowed; 150% to 200% of annual accrual Personal days will count as vacation time and can t be forfeited Strict pay day and time of termination rules Immediate payment upon termination 72 hours, depending upon nature of resignation (Pretty much) no deductions from paychecks Employer self help is prohibited Certain deductions permitted with written authorization No deductions from final paychecks, even with authorization Written (and signed) commission plan requirements Plan must include how commissions are computed and paid Provide signed document from company and collect employee receipt Travel time rules CA does not recognize federal planes, trains and automobile passenger rule All time spent in travel must be paid

17 California Fair Pay Act Help! I Have California Employees, Now What? Equal wages for substantially similar work performed under similar working conditions Protects race, ethnicity and sex Eliminates same establishment rule Prior salary cannot justify any disparity in compensation Viewed as a composite of: Skill: education, training, experience, ability and training Effort: physical/intellectual exertion Responsibility: the degree of accountability required in performing a job (i.e., direct reports, budget, outcomes)

18 Help! I Have California Employees, Now What? Employer Defenses to California Fair Pay Act Wage differential based on one or more of the following factors: Seniority system; Merit system; System that measures earnings by quantity or quality of production; and/or A bona fide factor other than sex, race or ethnicity; and Each factor is applied reasonably; and The one or more factors relied upon account for the entire wage differential

19 Help! I Have California Employees, Now What? Employer Defenses to California Fair Pay Act Education, training or experience, provided employer proves: Not derived from sex race or ethnicity; Job-related; and Consistent with business necessity Defense not applicable if employee shows an alternative business practice serves the employer business interest without wage differential

20

21 Help! I Have California Employees, Now What? California Paid Sick Leave Law Essentially applies to all employees (including part-time) with limited exceptions Up to 3 days/24 hours required per year Accrual or front load option Employees may use for: Employee illness/preventative care Family member illness/preventative care Sexual assault and domestic violence-related absences Retaliation prohibitions and recordkeeping obligations

22 Help! I Have California Employees, Now What? FMLA Laws With A California Twist The Prime Directive: The Law MOST FAVORABLE to the employee applies

23 FMLA Laws At A Glance Federal California California Family and Medical Leave Act (FMLA) 6 reasons for leave SHC of employee SHC of family member Baby bonding Pregnancy disability Military exigency Military caregiver California Family Rights Act (CFRA) 3 reasons for leave SHC of employee SHC of family member Baby bonding Paul, Plevin, Sullivan & Connaughton LLP Pregnancy Disability Leave Law (PDL) 1 reason for leave Pregnancy, childbirth, and/or pregnancy-related medical condition Benefit continuation Benefit continuation Benefit continuation Accommodation required Transfer required

24 Benefits Eligibility Duration Reason for Leave Family & Medical Leave Act (FMLA) California Family Rights Act (CFRA) Pregnancy Disability Leave Law (PDL) 6 Reasons for Leave: SHC of employee SHC of family member Spouse, son, daughter, parent Baby bonding Take out accommodation and workers compensation sections Birth, adoption, foster care placement Pregnancy disability Military exigency Military caregiver 3 Reasons for Leave: SHC of employee SHC of family member Spouse, child, parent, registered domestic partner Baby bonding Birth, adoption, foster care placement Pregnancy disability expressly excluded Leave for pregnancy, childbirth and/or pregnancy-related medical condition Includes morning sickness, doctor visits, etc. 12 or 26 weeks of leave in a designated 12-month period 26 weeks for military caregiver leave 12 weeks of leave in a designated 12- month period For the period of disability up to 4 months Accommodation required 12 months of employment, 1,250 hours worked in one year prior to leave, 50 employees in 75-mile radius 12 months of employment, 1,250 hours worked in one year prior to leave, 50 employees in 75-mile radius Eligible on first day; no length of service or hours requirement Benefit continuation Benefit continuation Benefit continuation

25 Leaves That May Run At The Same Time A FMLA 12 weeks PDL 4 months... DIS. ACC. Not limited CFRA 12 weeks B FMLA WC DIS. ACC. 12 weeks Not limited Not limited Paul, Plevin, Sullivan & Connaughton LLP

26 Disability Laws Help! I Have California Employees, Now What? Don t forget application of disability and worker compensation laws DISABILITY ACCOMMODATION Fair Employment & Housing Act (FEHA) WORKERS COMPENSATION California specific

27 Help! I Have California Employees, Now What? Key Differences in California s Disability Law Definition of disability requires limitation rather than substantial limitation Failure to engage in the interactive process is a separate violation of law Pregnancy is considered a disability

28 Benefits Eligibility Duration Reason for Leave Family & Medical Leave Act (FMLA) California Family Rights Act (CFRA) Pregnancy Disability Leave Law (PDL) Disability Accommodation (ADA or FEHA) Workers Compensation 6 Reasons for Leave: SHC of employee SHC of family member Spouse, son, daughter, parent Baby bonding Birth, adoption, foster care placement Pregnancy disability Military exigency Military caregiver 3 Reasons for Leave: SHC of employee SHC of family member Spouse, child, parent, registered domestic partner Baby bonding Birth, adoption, foster care placement Pregnancy disability expressly excluded Leave for pregnancy, childbirth and/or pregnancy-related medical condition Includes morning sickness, doctor visits, etc. Finite leave required for disabled employee as accommodation unless: Employer proves undue hardship It s indefinite Granting it would be futile Leave for workrelated injury or illness 12 or 26 weeks of leave in a designated 12- month period 26 weeks for military caregiver leave 12 weeks of leave in a designated 12-month period For the period of disability up to 4 months Accommodation required No specific duration; determined on a case-by-case basis May be longer than FMLA-CFRA period Leave permitted until EE returns, the W/C claim is denied or the EE is P&S and can t (or won t) work 12 months of employment, 1,250 hours worked in one year prior to leave, 50 employees in 75-mile radius 12 months of employment, 1,250 hours worked in one year prior to leave, 50 employees in 75-mile radius Eligible on first day; no length of service or hours requirement Eligible on first day; no length of service or hours requirement Eligible on first day; no length of service or hours requirement Benefit continuation Benefit continuation Benefit continuation Benefit continuation may be limited if done properly Paul, Plevin, Sullivan & Connaughton LLP Benefit continuation may be limited if done properly

29 Help! I Have California Employees, Now What? California FEHA Protections Against Discrimination FEHA protects the following categories: -Race -Religion -Color -National Origin -Ancestry -Physical Disability -Mental Disability -Medical Condition -Marital Status -Sex/Gender -Gender Expression/Identity ALSO NOTE: FEHA prohibits associational discrimination Salary can be used as a marker for age discrimination -Pregnancy -Childbirth -Age -Sexual Orientation -Military or Veteran Status

30 Help! I Have California Employees, Now What? Grab Bag California Employment Law Issues Registered Domestic Partner Rights and Protections Post Employment Non- Compete and Customer Non-Solicitation Agreements Prohibited Employee Privacy Rights under the California Constitution Cal-WARN Coverage and Notice Obligations Employee Rights to Discuss Wages and Terms and Conditions of Employment

31 Key Takeaways Help! I Have California Employees. Now What? Always know the difference between federal, state and local law Prime directive is to comply with the law most favorable to the employee Ensure your policies and practices are compliant in all states in which employees are located Carefully document personnel decisions so that you can prove compliance with applicable law

32 Speaker Information Brenda S. Kasper is a founding member of Kasper & Frank LLP, a law firm representing California and multi-state employers for all of their human resources and employment law needs. She regularly advises employers of all sizes on wage and hour compliance, leaves of absence, disability accommodation, reductions in force, terminations and discipline management, employment contracts, personnel policies, and hiring issues. Brenda is a former HR director so her legal advice is practical, creative and tailored to each client s needs. She is an instructor for the HR Certification program at the University of California San Diego Extension and holds her SHRM-SCP and SPHR-California certifications.

33 Speaker Contact Information Brenda S. Kasper, Esq., SHRM-SCP, SPHR-CA. Kasper & Frank LLP San Diego, California

Navigating the Turbulent Sea of Leave of Absence Laws in California

Navigating the Turbulent Sea of Leave of Absence Laws in California Navigating the Turbulent Sea of Leave of Absence Laws in California Presented by: Heffernan Consulting National Certification through the Human Resources Certification Institute (HRCI) as a Senior Professional

More information

HR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy

HR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy HR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy 2017 TriNet Group, Inc. All rights reserved. Reproduction or distribution in whole or part without express written permission

More information

Family and Medical Leave Policy (FMLA) Updated August 2016

Family and Medical Leave Policy (FMLA) Updated August 2016 Family and Medical Leave Policy (FMLA) Updated August 2016 Babson College complies with the Family and Medical Leave Act of 1993 (FMLA), as amended by the National Defense Authorization Act (NDAA) of 2008

More information

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1 NEW YORK STATE BAR ASSOCIATION LEGALEase Labor and Employment Law New York State Bar Association 1 What is Labor and Employment Law? This pamphlet is intended to provide Employers and Employees with general

More information

Negotiating the Maze Of Overlapping Leave Laws

Negotiating the Maze Of Overlapping Leave Laws Negotiating the Maze Of Overlapping Leave Laws Presented by: Payne & Fears LLP L e i l a N a r v i d, M e l i s s a C l a r k e, a n d J o n a t h a n B l a c k March 2017 2017 Payne & Fears, LLP. All

More information

Functional Area #2 Employment & Employee Relations P1

Functional Area #2 Employment & Employee Relations P1 EMPLOYMENT & EMPLOYEE RELATIONS Presented by: Gina de Miranda, M.A., SPHR-CA, SHRM-SCP TPO Bilingual Consultant PHRca Instructor ginad@tpohr.com Employment & Employee Relations EXAM-SPECIFIC OVERVIEW Getting

More information

The Top 5 HR Pitfalls to Avoid for 2015 (including CA Paid Sick Leave) Missionwell Speaker Series June 18, 2015 Steven Adamian, Esq.

The Top 5 HR Pitfalls to Avoid for 2015 (including CA Paid Sick Leave) Missionwell Speaker Series June 18, 2015 Steven Adamian, Esq. The Top 5 HR Pitfalls to Avoid for 2015 (including CA Paid Sick Leave) Missionwell Speaker Series June 18, 2015 Steven Adamian, Esq. Hosted by: Presented by: Introductions Missionwell, LLC Attorney Steven

More information

PHR-CA Professional in Human Resources - California. SPHR-CA senior Professional in Human PHR-CA /SPHR-CA. body OF KNOWLEGE

PHR-CA Professional in Human Resources - California. SPHR-CA senior Professional in Human PHR-CA /SPHR-CA. body OF KNOWLEGE california certification in human resources» PHR-CA Professional in Human Resources - California SPHR-CA senior Professional in Human Resources - California PHR-CA /SPHR-CA body OF KNOWLEGE for the california

More information

FAMILY MEDICAL LEAVE ACT

FAMILY MEDICAL LEAVE ACT LEAVE OF ABSENCE Mister Car Wash (MCW) understands that employees may require an unpaid approved absence from work for a specified period of time for medical, parental, military or personal reasons. If

More information

CERTIFICATION IN HUMAN RESOURCES» PHRca PROFESSIONAL IN HUMAN RESOURCES - CALIFORNIA. PHRca EXAM CONTENT OUTLINE

CERTIFICATION IN HUMAN RESOURCES» PHRca PROFESSIONAL IN HUMAN RESOURCES - CALIFORNIA. PHRca EXAM CONTENT OUTLINE CERTIFICATION IN HUMAN RESOURCES» PHRca PROFESSIONAL IN HUMAN RESOURCES - CALIFORNIA PHRca EXAM CONTENT OUTLINE PHRca EXAM CONTENT OUTLINE AT-A-GLANCE PHRca EXAM WEIGHTING BY FUNCTIONAL AREA» Compensation/wage

More information

Job Aid for Processing Leaves of Absence Authorized Under the Federal Family and Medical Leave Act (FMLA)

Job Aid for Processing Leaves of Absence Authorized Under the Federal Family and Medical Leave Act (FMLA) State Personnel System Job Aid for Processing Leaves of Absence Authorized Under the Federal Family and Medical Leave Act (FMLA) Division of Human Resource Management Revised: May 21, 2015 Department of

More information

Mid Year 2017 HR Compliance Trends

Mid Year 2017 HR Compliance Trends Mid Year 2017 HR Compliance Trends The Executive's Roadmap to Best-in-Class HR Strategy August 3, 2017 2017 TriNet Group, Inc. All rights reserved. Reproduction or distribution in whole or part without

More information

LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY BULLETIN

LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY BULLETIN TITLE: NUMBER: California Paid Parental Leave for Eligible District Employees ROUTING All Employees All Locations ISSUER: DATE: May 5, 2017 Janice Sawyer, Chief Risk Officer Risk Management & Insurance

More information

Best Employment Policies and Practices: The First Line of Defense

Best Employment Policies and Practices: The First Line of Defense Best Employment Policies and Practices: The First Line of Defense Wendy L. Tucker, Esq. Hollis R. Peterson, Esq. Procopio, Cory, Hargreaves and Savitch LLP 525 B Street, Suite 2200 San Diego, CA 92101

More information

California's New Fair Pay Act: Prepare to Defend Your Employee Compensation

California's New Fair Pay Act: Prepare to Defend Your Employee Compensation California's New Fair Pay Act: Prepare to Defend Your Employee Compensation October 22, 2015 Kristina Launey Annette Tyman Christine Hendrickson Speakers Annette Tyman Kristina Launey Christine Hendrickson

More information

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION. For additional information or to file a complaint:

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION. For additional information or to file a complaint: EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION LEAVE ENTITLEMENTS Eligible employees who work for a covered employer can take up to

More information

Overview of the Family and Medical Leave ActLeave Act. Welcome! We will get started shortly.

Overview of the Family and Medical Leave ActLeave Act. Welcome! We will get started shortly. Overview of the Family and Medical Leave ActLeave Act Welcome! We will get started shortly. Disclaimer Information conveyed in this presentation should not be construed as legal advice. Information provided

More information

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE PURPOSE: The Family and Medical Leave Act of 1993 (FMLA) allows an eligible employee up to 12 weeks of leave in a 12-month period for a qualifying reason(s).

More information

1. Which employees are eligible for Family Medical Leave Act (FMLA) qualifying leave?

1. Which employees are eligible for Family Medical Leave Act (FMLA) qualifying leave? FREQUENTLY ASKED QUESTIONS 1. Which employees are eligible for Family Medical Leave Act (FMLA) qualifying leave? An "eligible employee" is a State employee who: a) Has been employed by the State for at

More information

FMLA and CFRA: Landmines for Employers

FMLA and CFRA: Landmines for Employers NOVAtime Technology, Inc. presents FMLA and CFRA: Landmines for Employers Live Webinar ~ November 4, 2015 Featured Panelist: Marie D. Davis of Landegger Baron Law Group, ALC Exclusively Representing Employers

More information

POLICY LEAVE OF ABSENCE (FAMILY, MEDICAL, DISABILITY)

POLICY LEAVE OF ABSENCE (FAMILY, MEDICAL, DISABILITY) I. POLICY CB Richard Ellis, Inc. (hereinafter CBRE or the Company ) provides employee leaves of absence ( LOA ) for family, medical, disability-related reasons, including: Family Medical Leave Act, including

More information

Sizzling in the Summer Kitchen with the Alphabet Soup of Leaves of Absence

Sizzling in the Summer Kitchen with the Alphabet Soup of Leaves of Absence Sizzling in the Summer Kitchen with the Alphabet Soup of Leaves of Absence A Live Webinar Event Presented by: Annalee Fay, Manager, ThinkHR Live Hotline Operations Laura Kerekes, Chief Knowledge Officer

More information

El Dorado County Office of Education Superintendent Policy SP

El Dorado County Office of Education Superintendent Policy SP El Dorado County Office of Education Superintendent Policy SP 4261.1 CLASSIFIED PERSONNEL Personal Illness/Injury Leave Classified employees employed five days a week are entitled to 12 days of paid sick

More information

HR COMPLIANCE CHECKLIST HIRING PRACTICES

HR COMPLIANCE CHECKLIST HIRING PRACTICES HR COMPLIANCE CHECKLIST This checklist features key steps for evaluating your practices in order to keep your bank HR compliant. i HIRING PRACTICES All job postings and advertisements include the bank

More information

MEDICAL LEAVE OF ABSENCE REQUEST FORM

MEDICAL LEAVE OF ABSENCE REQUEST FORM MEDICAL LEAVE OF ABSENCE REQUEST FORM Section 1: For completion by the Employee The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support

More information

Employment Law Basics. Why are We Here? 4/4/2017. Learning What to Do and Not Do

Employment Law Basics. Why are We Here? 4/4/2017. Learning What to Do and Not Do Employment Law Basics Learning What to Do and Not Do Why are We Here? Harassment and Discrimination The Americans with Disabilities Act Fair Labor Standards Act Job Descriptions and It s Interplay with

More information

BUSINESS SERVICES VACATION LEAVE, SICK LEAVE, FAMILY MEDICAL LEAVE, SICK LEAVE POOL

BUSINESS SERVICES VACATION LEAVE, SICK LEAVE, FAMILY MEDICAL LEAVE, SICK LEAVE POOL VACATION LEAVE, SICK LEAVE, FAMILY MEDICAL LEAVE, SICK LEAVE POOL Board of Trustees Approval: 11/09/2016 POLICY 4.07 Page 1 of 15 I. POLICY Salt Lake Community College will provide the following; vacation

More information

Employment Law Update for Nonprofits

Employment Law Update for Nonprofits Employment Law Update for Nonprofits Presented By: James F. Olney, J.D. Senior HR Consultant, Associated Financial Group Suzette Frith Chief Operating Officer, TSE, Inc. Employment Laws in the Workplace

More information

We had some really hot weather this

We had some really hot weather this We had some really hot weather this summer and now the holidays are coming! Sometimes it just seems like it is one thing after another. The world of HR is certainly no exception. The Minimum Wage On July

More information

MESA PUBLIC SCHOOLS. Information regarding the Family & Medical Leave Act and long-term leaves

MESA PUBLIC SCHOOLS. Information regarding the Family & Medical Leave Act and long-term leaves MESA PUBLIC SCHOOLS Information regarding the Family & Medical Leave Act and long-term leaves CONTENTS Introduction...1 Family and Medical Leave (FMLA)...2 Long-Term Health Leave...6 Intermittent Leave...8

More information

GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES

GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES PURPOSE: To provide information and direction to employees regarding human resources and payroll processes and procedures and to ensure efficiency

More information

Leave of Absence Policy

Leave of Absence Policy Leave of Absence Policy Effective Date: Adopted 8/65; Revised 4/72, 6/92, 12/93, 8/95, 4/06, 03/10 -I. PURPOSE To outline the availability of leaves of absence for health-related situations, childbirth

More information

Los Angeles Unified School District EMPLOYEE S FACT SHEET ABOUT FMLA and CFRA

Los Angeles Unified School District EMPLOYEE S FACT SHEET ABOUT FMLA and CFRA (Employee s FACT SHEET about FMLA, CFRA [5 pages]) Los Angeles Unified School District EMPLOYEE S FACT SHEET ABOUT FMLA and CFRA { FMLA 12 } INSTRUCTIONS TO EMPLOYEES: Read this material; obtain more facts

More information

AUBURN UNIVERSITY. Leave Policies Eligible Employee - Employees eligible for participation in Auburn University leave programs are

AUBURN UNIVERSITY. Leave Policies Eligible Employee - Employees eligible for participation in Auburn University leave programs are AUBURN UNIVERSITY Leave Policies 5.1 Leave 5.2 Definitions & General Provisions: 5.2.1 Eligible Employee - Employees eligible for participation in Auburn University leave programs are a) Those on a regular

More information

SAN DIEGO, CALIFORNIA CITY OF SAN DIEGO EARNED SICK LEAVE AND MINIMUM WAGE ORDINANCE

SAN DIEGO, CALIFORNIA CITY OF SAN DIEGO EARNED SICK LEAVE AND MINIMUM WAGE ORDINANCE SAN DIEGO, CALIFORNIA CITY OF SAN DIEGO EARNED SICK LEAVE AND MINIMUM WAGE ORDINANCE Covers workers who, in one or more calendar weeks of the year performs at least 2 hours of work within the geographic

More information

Each status varies in its provisions with respect to eligibility, duration, documentation and approvals, as outlined below.

Each status varies in its provisions with respect to eligibility, duration, documentation and approvals, as outlined below. 1 I. OVERVIEW The university is committed to providing Officers of Administration (OAs) with time to rest, relax, recharge, and tend to personal responsibilities through university scheduled holidays,

More information

FMLA UPDATES - Applies to companies with 50+ employees within 75 mile radius. (Poster link and policy template included).

FMLA UPDATES - Applies to companies with 50+ employees within 75 mile radius. (Poster link and policy template included). FMLA UPDATES - Applies to companies with 50+ employees within 75 mile radius. (Poster link and policy template included). The Department of Labor (DOL) recently amended Family and Medical Leave Act (FMLA)

More information

THE LAW. Equal Employment Opportunity is

THE LAW. Equal Employment Opportunity is Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, 2013, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, 2013, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR MARYLAND. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

REGULATIONS LEAVES AND ABSENCES, VACATIONS AND HOLIDAYS

REGULATIONS LEAVES AND ABSENCES, VACATIONS AND HOLIDAYS REGULATIONS REG No.: 851 LEAVES AND ABSENCES, VACATIONS AND HOLIDAYS I. BACKGROUND AND/OR LEGAL REFERENCE TASB Policy Manual, Compensation and Benefits: Leaves and Absences, 3-7-94; DED, Compensation and

More information

U.S. Department of Labor

U.S. Department of Labor U.S. Department of Labor Employment Standards Administration Wage and Hour Division Employment Standards Administration Wage and Hour Division FMLA Compliant Guide The Family and Medical Leave Act The

More information

New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017)

New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017) New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017) Q: What is New York Paid Family Leave? A: Passed by the state legislature, and signed by Governor Cuomo in April 2016,

More information

ROCHESTER INSTITUTE OF TECHNOLOGY

ROCHESTER INSTITUTE OF TECHNOLOGY ROCHESTER INSTITUTE OF TECHNOLOGY Time Off Benefits Table of Contents Introduction...2 Important Note About Passwords...2 Vacation...2 Vacation Eligibility Chart for Employees Scheduled to Work 12 Months

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IDAHO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

Today s Webinar Brought to

Today s Webinar Brought to Today s Webinar Brought to you by The Family Medical Leave Act FMLA Compliance Presented by: Michelle Perris - Human Resources Consultant Carol Emge Human Resources Consultant hrconsulting@jwterrill.com

More information

THE INTERPLAY BETWEEN ADA & FMLA

THE INTERPLAY BETWEEN ADA & FMLA THE INTERPLAY BETWEEN ADA & FMLA B E ST P R A C T I C E S I N A D D R E SS I NG L E A V E SEPTEMBER 14, 2017 MATT LUZADDER Partner Labor & Employment Litigation White Collar, Investigations & Compliance

More information

DATE ISSUED: 3/1/ of 9 UPDATE 96 DEC(LOCAL)-X

DATE ISSUED: 3/1/ of 9 UPDATE 96 DEC(LOCAL)-X S AND ABSENCES DEFINITIONS FAMILY FAMILY EMERGENCY DAY CATASTROPHIC ILLNESS OR INJURY AVAILABILITY EARNING LOCAL DEDUCTIONS WITHOUT PAY PRORATION EMPLOYED FOR LESS THAN FULL YEAR The term immediate family

More information

2018 CEA Sample Handbook Updates

2018 CEA Sample Handbook Updates Here are the updates made to the 2017 CEA Sample Handbook so it is up to date for 2018 based on best practices and legal updates. CEA strongly encourages you have your handbook reviewed annually by a CEA

More information

FAMILY MEDICAL LEAVE

FAMILY MEDICAL LEAVE PERSONNEL Page 1 of 6 FAMILY MEDICAL LEAVE The Mead School District ( District ) provides family and medical leave for eligible employees pursuant to the Family and Medical Leave Act of 1993 ( FMLA ) and

More information

Process Owner: Dennis Cultice. Revision: 1 Effective Date: 01/01/2016 Title: Holiday, Vacation and PTO Policy Page 1 of 9

Process Owner: Dennis Cultice. Revision: 1 Effective Date: 01/01/2016 Title: Holiday, Vacation and PTO Policy Page 1 of 9 Title: Holiday, Vacation and PTO Policy Page 1 of 9 Scope: This policy applies to all Team Members in the U.S. other than Puerto Rico-based and Dover Union Team Members. Team Members regularly scheduled

More information

FAMILY MEDICAL LEAVE POLICY (FMLA)

FAMILY MEDICAL LEAVE POLICY (FMLA) FAMILY MEDICAL LEAVE POLICY (FMLA) I. Policy Section 6.0 Personnel II. Policy Subsection 6.14 Family Medical Leave Policy III. Policy Statement Grand Rapids Community College will abide by all regulations

More information

When an employee requests a PFL, the Leave Administrator will determine whether the

When an employee requests a PFL, the Leave Administrator will determine whether the 1 Hello and welcome to this overview of the new Paid Family Leave benefit for Syracuse University staff that will be available starting January 1, 2018. This overview is intended for managers and supervisors

More information

FAMILY AND MEDICAL LEAVE POLICY

FAMILY AND MEDICAL LEAVE POLICY FAMILY AND MEDICAL LEAVE POLICY Policy It is the policy of Skidmore College to provide its employees time off (paid and unpaid) necessitated by illness or family care in accordance with the federal Family

More information

OREGON DEPARTMENT OF FISH AND WILDLIFE POLICY Human Resources Division

OREGON DEPARTMENT OF FISH AND WILDLIFE POLICY Human Resources Division OREGON DEPARTMENT OF FISH AND WILDLIFE POLICY Human Resources Division Title: Family and Medical Leave HR_460_04 Supersedes: HR_460_04 dated November 1, 2010 Applicability: All employees (including temporary

More information

FMLA & ADA: Avoiding Discrimination Claims. Denise Macik, PHR, SHRM-CP

FMLA & ADA: Avoiding Discrimination Claims. Denise Macik, PHR, SHRM-CP FMLA & ADA: Avoiding Discrimination Claims Denise Macik, PHR, SHRM-CP Before we begin We are recording this webinar. The on-demand version will be available for viewing on our site by the end of the week.

More information

FAMILY AND MEDICAL LEAVE SUMMARY OF REVISIONS

FAMILY AND MEDICAL LEAVE SUMMARY OF REVISIONS 08-02-93 New policy on Family and Medical Leave 12-01-93 Serious Health Condition additions and clarifications: Added any period of incapacity requiring absence from work of more than three workdays that

More information

4 th Annual Section of Labor and Employment Law Conference Chicago, IL November 3-6, 2010

4 th Annual Section of Labor and Employment Law Conference Chicago, IL November 3-6, 2010 4 th Annual Section of Labor and Employment Law Conference Chicago, IL November 3-6, 2010 FMLA Substantive Rights: Entitlements and Limitations Catherine J. Trafton Associate General Counsel International

More information

Family and Medical Leave Act of 1993 (FMLA) Procedures

Family and Medical Leave Act of 1993 (FMLA) Procedures Family and Medical Leave Act of 1993 (FMLA) Procedures Family and Medical Leave Act (FMLA) The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 workweeks or

More information

Policy 4.73 Family & Medical (FMLA)

Policy 4.73 Family & Medical (FMLA) Policy 4.73 Family & Medical (FMLA) Responsible Official: VP for Human Resources Administering Division/Department: Leaves of Absence Effective Date: March 30, 2007 Last Revision: December 21, 2017 Policy

More information

LEGAL SERVICES FOR ENTREPRENEURS 415/ , Ext EMPLOYMENT LAW BASICS

LEGAL SERVICES FOR ENTREPRENEURS 415/ , Ext EMPLOYMENT LAW BASICS LEGAL SERVICES FOR ENTREPRENEURS 415/543-9444, Ext. 217 www.lccr.com EMPLOYMENT LAW BASICS DISCLAIMER The information contained in this presentation has been prepared by Lawyers Committee for Civil Rights

More information

DeKalb County Government. Family and Medical Leave of Absence ( FMLA ) Policy. Effective January 1, 2010

DeKalb County Government. Family and Medical Leave of Absence ( FMLA ) Policy. Effective January 1, 2010 DeKalb County Government Family and Medical Leave of Absence ( FMLA ) Policy Effective January 1, 2010 1. If you have been employed by DeKalb County Government for at least twelve (12) months (with no

More information

Judson ISD COMPENSATION AND BENEFITS LEAVES AND ABSENCES

Judson ISD COMPENSATION AND BENEFITS LEAVES AND ABSENCES S AND ABSENCES DEFINITIONS FAMILY FAMILY EMERGENCY DAY CATASTROPHIC ILLNESS OR INJURY AVAILABILITY EARNING LOCAL DEDUCTIONS WITHOUT PAY The term immediate family is defined as: 1. Spouse. 2. Son or daughter,

More information

GARI Family Medical Leave GARI

GARI Family Medical Leave GARI GARI Family Medical Leave GARI Eligible district employees shall be provided family and medical leave as provided by a plan approved by the board. The plan for providing leave under this policy shall be

More information

Job Reinstatement: Employer s Obligations Under the FMLA and ADA

Job Reinstatement: Employer s Obligations Under the FMLA and ADA Job Reinstatement: Employer s Obligations Under the FMLA and ADA 2013 Winthrop & Weinstine, P.A. Anjali V. Shankar www.winthrop.com Overview: FMLA Leave Under the FMLA, eligible employees of covered employers

More information

Updating Your Employee Handbook

Updating Your Employee Handbook Updating Your Employee Handbook Presented by: Tracy A. Leahy and Nitya S. Lohitsa March 18, 2014 REASONS FOR EMPLOYMENT HANDBOOK Prevent Litigation Communication Tool for Employees Provide Clear Expectations

More information

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org

Federal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org Federal Law Update The New FLSA Overtime Exemption Rules Presented by : Russ Sullivan AIM HR Solutions @AIMHRSolutions #AIMHR blog.aimnet.org www. aim net. org 617. 262. 1180 Session Overview Challenges

More information

LEAVE POLICIES. What Every Small Business Should Know

LEAVE POLICIES. What Every Small Business Should Know LEAVE POLICIES What Every Small Business Should Know Dear Business and Nonprofit Agency Customers: Southern California Edison and Public Counsel are delighted to provide you with this guide. Legal information

More information

Management Training: Lawsuit Avoidance

Management Training: Lawsuit Avoidance Place image here Size: 2.58 x 2.58 Position: horizontal 0 vertical 0 Auxiliary Organizations Association Annual Conference January 17, 2013 Management Training: Lawsuit Avoidance Richard E. Bromley, Esq.

More information

Paid Sick Leave January 1, 2018 Disclaimer

Paid Sick Leave January 1, 2018 Disclaimer The intention of this presentation is to help provide the public with guidance on the application of the Washington State Paid Sick Leave law, taking effect January 1, 2018. This presentation is strictly

More information

Policy on Leaves of. I. Purpose and Scope. The policy does not address workers compensation. This University offers the following Leaves of Absence:

Policy on Leaves of. I. Purpose and Scope. The policy does not address workers compensation. This University offers the following Leaves of Absence: HUMAN RESOURCES Effective Date: April 2, 2014 Date Revised: July 1, 2017 Supersedes: N/A Related Policies: Policy on Leaves of Absence (CA) Responsible Office/Department: Human Resources Management Keywords:

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR INDIANA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

These are sample policies for employers who have determined that their employees are covered by the Maryland Healthy Working Families Act.

These are sample policies for employers who have determined that their employees are covered by the Maryland Healthy Working Families Act. Maryland Sample Earned Sick and Safe Leave Policies Overview The Maryland Healthy Working Families Act requires that employers with 15 or more employees provide paid sick and safe leave for certain employees.

More information

CALIFORNIA S NEW SICK LEAVE LAW EMPLOYEE RIGHTS AND EMPLOYER OBLIGATIONS

CALIFORNIA S NEW SICK LEAVE LAW EMPLOYEE RIGHTS AND EMPLOYER OBLIGATIONS CALIFORNIA S NEW SICK LEAVE LAW EMPLOYEE RIGHTS AND EMPLOYER OBLIGATIONS Drafted By Robert Fried and Jonathan Judge with the law firm of Atkinson, Andelson, Loya, Ruud & Romo. The following outline discusses

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR VIRGINIA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

PHRca Exam Preparation Final Assignment

PHRca Exam Preparation Final Assignment Your final assignment is to answer the 60 essay questions below. You have unlimited time to complete the assignment as long as it is completed by the last day of class. The assignment is open book. Please

More information

This policy contains guidelines for the provision and use of The Family Medical Leave Act (FMLA).

This policy contains guidelines for the provision and use of The Family Medical Leave Act (FMLA). NORTH GEORGIA HEALTH DISTRICT County Board of Health Personnel Policy #1005 Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield FAMILY AND MEDICAL LEAVE 1.0 PURPOSE The Family and Medical Leave Act entitles

More information

UC Personnel Policies for Staff Members (UC-PPSM) UCOP Human Resources Procedure 43 LEAVE OF ABSENCE October 2001

UC Personnel Policies for Staff Members (UC-PPSM) UCOP Human Resources Procedure 43 LEAVE OF ABSENCE October 2001 UC Personnel Policies for Staff Members (UC-PPSM) UCOP Human Resources Procedure 43 LEAVE OF ABSENCE October 2001 Human Resources Procedures 43 LEAVE OF ABSENCE I. POLICY REFERENCES UC-PPSM 41, Vacation

More information

Legislative Brief. Pandemic Flu and the Family and Medical Leave Act

Legislative Brief. Pandemic Flu and the Family and Medical Leave Act Pandemic Flu and the Family and Medical Leave Act If you or your employees are out with the flu or are caring for ill family members, check with the Department of Labor (DOL) for information on whether

More information

University of Pennsylvania Supervisors and Business Administrators: Managing Family & Medical Leave & Short Term Disability

University of Pennsylvania Supervisors and Business Administrators: Managing Family & Medical Leave & Short Term Disability University of Pennsylvania Supervisors and Business Administrators: Managing Family & Medical Leave & Short Term Disability Table of Contents FMLA: Overview Page 2 FMLA: Supervisor / BA Checklist Page

More information

What California Employers Need to Know About April 1, 2016 DFEH AMENDMENTS AND REGULATIONS

What California Employers Need to Know About April 1, 2016 DFEH AMENDMENTS AND REGULATIONS What California Employers Need to Know About April 1, 2016 DFEH AMENDMENTS AND REGULATIONS Welcome Business & People Strategy Consulting Group Free Webinar Series Labor, Employment & HR Laws and Practices

More information

500 Pioneer Tower 888 SW Fifth Avenue Portland, OR Phone : Fax :

500 Pioneer Tower 888 SW Fifth Avenue Portland, OR Phone : Fax : LL P Employment Law Newsletter 3 rd Quarter July, 2013 500 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204 Phone : 503-323-9000 Fax : 503-323-9019 www.cosgravelaw.com The Oregon Legislature Has Been

More information

The 17 th Annual Washington State Employment Law & HR Conference. How to Interpret Washington and Federal Leave Laws

The 17 th Annual Washington State Employment Law & HR Conference. How to Interpret Washington and Federal Leave Laws The 17 th Annual Washington State Employment Law & HR Conference How to Interpret Washington and Federal Leave Laws Presented by: K I M B E R L Y A. K A M E L W I L L I A M M. S Y M M E S 4 2 2 W. R I

More information

Employment Law 101: Summary of Common Claims

Employment Law 101: Summary of Common Claims Employment Law 101: Summary of Common Claims Presented by: Jeff Silence, Esq. (licensed in Arizona) 602 248-1079 jxs@jaburgwilk.com We re proud to offer a full-circle solution to your HR needs. BASIC offers

More information

ADA, FMLA AND WORKERS COMPENSATION. Lauri A. Kavulich (215)

ADA, FMLA AND WORKERS COMPENSATION. Lauri A. Kavulich (215) ADA, FMLA AND WORKERS COMPENSATION Lauri A. Kavulich (215) 640-8527 lkavulich@ FMLA BASICS AND PRACTICAL TIPS FOR ADMINISTERING FMLA LEAVE FOR WORK-RELATED INJURIES FAMILY AND MEDICAL LEAVE ACT A Qualified

More information

Termination Checklist California Law

Termination Checklist California Law Termination Checklist California Law Pull the employee's personnel file. Has the employee signed documents acknowledging his at-will status (e.g., employment application, offer letter, receipt of employee

More information

Policy-NYPFL. New York Paid Family Leave (NYPFL)

Policy-NYPFL. New York Paid Family Leave (NYPFL) New York Paid Family Leave (NYPFL) History: Issued: January 1, 2018 Revised: January 1, 2018 Related Policies: Family Medical Leave Act (FLMA), Disability Policy Applies to: All Faculty & Staff Responsible

More information

SOUTH CAROLINA State Laws by Topic

SOUTH CAROLINA State Laws by Topic State Laws by Topic AGE Under the South Carolina Human Affairs Law, employers are prohibited from refusing to hire; barring from employment; terminating; limiting, segregating, or classifying; or otherwise

More information

WEBCAST: EMPLOYMENT BEST PRACTICES FOR THE NON-PROFIT ORGANIZATION

WEBCAST: EMPLOYMENT BEST PRACTICES FOR THE NON-PROFIT ORGANIZATION WEBCAST: EMPLOYMENT BEST PRACTICES FOR THE NON-PROFIT ORGANIZATION PANELISTS: STEVE GARRETT, TEXAS A & M RESEARCH FOUNDATION RICHARD I. GREENBERG, JACKSON LEWIS LLP PHILIP B. ROSEN, JACKSON LEWIS LLP MODERATOR:

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IOWA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

ATI Application for Employment

ATI Application for Employment ATI is committed to the principle of equal employment opportunity for all employees with a work environment free of discrimination and harassment. All employment decisions at ATI are based on business

More information

University of Pennsylvania Faculty and Staff: Applying for Family & Medical Leave & Short-Term Disability

University of Pennsylvania Faculty and Staff: Applying for Family & Medical Leave & Short-Term Disability University of Pennsylvania Faculty and Staff: Applying for Family & Medical Leave & Short-Term Disability Table of Contents FMLA: Overview Page 2 FMLA: Employee Checklist Page 3 FMLA: Forms Checklist Page

More information

SEATTLE LABOR STANDARDS

SEATTLE LABOR STANDARDS Last updated 10/10/16 CITY OF SEATTLE OFFICE OF LABOR STANDARDS SEATTLE LABOR STANDARDS Business Support Darius Foster 206 386 1238 Darius.foster@seattle.gov Kerem Levitas 206 386 9758 Kerem.levitas@seattle.gov

More information

MEDICAL COVERAGE - FIRST STAFF BENEFITS

MEDICAL COVERAGE - FIRST STAFF BENEFITS 2018 TABLE OF CONTENTS Medical Coverage First Staff Benefits 2 Medical Plan Options & Enrollment Information 4 401(k) Plan 13 Sick Leave 14 FMLA 17 Paid Family Leave 29 Short Term Disability 30 Americans

More information

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014 Agent 77, Inc.

This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014 Agent 77, Inc. Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR COLORADO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,

More information

Vermont Employment Updates

Vermont Employment Updates Vermont Employment Updates May 2, 2018 2:00-3:00 p.m. Hosted by: Presented by: Alexandra H. Clauss 30 Main Street, Suite 500 PO Box 1489 Burlington, VT 05401 Tel: 802 864 0880 Fax: 802 864 0328 aclauss@primmer.com

More information

Leaves of Absence: FMLA VS ADA

Leaves of Absence: FMLA VS ADA Leaves of Absence: FMLA VS ADA FMLA: Family Medical Leave Act Under FMLA, covered employers must provide up to 12 weeks of unpaid, job-protected leave to eligible employees for: Inability to work due to

More information

Kumon Employee Manual

Kumon Employee Manual Kumon Employee Manual i Kumon Employee Manual Sumiya Pirbhai TECM 2700 05/03/13 Table Of Contents iii Table of Contents Contents Table of Contents... iii Introduction... v Handbook Overview... v Federal

More information