Leaves, Leaves and More Leaves
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- Dinah McGee
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1 Leaves, Leaves and More Leaves 8/15/ ,000 PARMA February 2014 Azucena M. Coronel, CPDM City of Long Beach Don t pull your hair out yet. State/Federal Disability Laws FMLA/CFRA (leave laws) Workers Compensation (work related/incurred) PDL (female employees only) ADAAA/FEHA (accommodation) 1
2 Not-so-easy Flow Chart Interaction of State/Federal Disability Laws FMLA/CFRA (leave laws) Workers Compensation (work related/incurred) PDL (female employees only) ADAAA/FEHA (accommodation) Quiz #1 Name one recent change in the law that now aligns CFRA/FMLA? FMLA Federal CFRA State Purpose of Leave Care for self Family Member Criteria for coverage Employment (12 months) Hours worked (1250 prior 12 months) Leave benefit 12 weeks, 480 hours Unpaid (Employer requirements may differ) Employee protection Same/comparable position No disciplinary action Health care coverage FMLA Federal/CFRA State* Triggers Off work 3+ days Pattern absence/tardiness SL usage Employee comments Employee Actions/Rights/Responsibilities Timely notification to employer of need for leave First time/subsequent needs Report absence/tardiness as FMLA Medical confidentiality Follow call-in procedures Recertification 6 months/sooner May impact alternative work schedules No protection before/after FMLA/CFRA Employer Actions/Rights/Responsibilities Timely information to employee Request clarification if absence/tardiness is FMLA Medical Confidentiality May address performance May modify alternative work schedules (business/operational needs) 2
3 QUIZ #2 Employee FMLA expired Doctor s note requests 2 more weeks off work Who do you call first? What do you do next? Workers Compensation No fault system/ Sole remedy Labor Code 3600 AOE/COE State-mandated benefits Employer provided benefits MPN 3
4 Quiz #3 Hurt lower back Monday Jan 1 Went to doctor Thursday Jan 4 Referred to PT/Ortho How many claim forms do I give the employee, When? Why? Workers Compensation Claim Flow D O I T T D RTW - TDA P&S/ MMI/ PD% Reg.Work? Settlement Modified Work? RTProductivity California Pregnancy Disability Leave (PDL) No employment criteria Employment protection Health Coverage (total period off work OR?) Combined with FMLA/CFRA may be off 7 continuous months must be disabled by pregnancy 17 ¾ weeks PDL + 12 weeks CFRA Can now request Certification (like FMLA/CFRA) 4
5 Quiz #4 What qualifies as PDL? How long do I provide health coverage? New PDL regs: 2CCR SS undue hardship de minimis disabled by pregnancy Transfers Accommodation Reporting Absences/Tardiness from Work Best Practices Work Incurred Injury/Illness Employee Report to Supv Request treatment(?) Supervisor Render First-Aid Contact Personnel Absence/tardiness (FMLA/Non-FMLA) Employee Follow call-in procedure Supervisor Contact Personnel/H.R. 5
6 FEHA State* ADAAA Federal Physical/Mental Condition Limits a life function Record of disability Regarded as disabled Mitigating measures Appears to be permanent Physical/Mental Impairment Substantially limits a major life function Record of disability Regarded as disabled Mitigating measures Permanent condition * CCR , Definitions: disability perceived/actual Animals Join Workforce CCR Section (p)(2)(B) Assistive animals Guide and signal dogs CCR Section (a)(1)(D) Support animals CCR Section (e)(1) Doctor s Certification of need Transitional or Permanent Work Stay at work/ Transitional 90 days max Same dept/job Employer-wide Permanent Same dept/job Same dept/different job Employer-wide Legal Interaction FEHA Interactive Process ADAAA Federal Law FMLA Leave entitlement 6
7 SuperShield Operations Interactive Process Review Restrictions Essential Functions Employee Review Restrictions Essential Functions Implement Accommodation Monitor and Adjust If no RTW - RTProductivity Retirement? Other options? SuperPartners Return to Work Workers Compensation Claims Non-industrial Claims STD/LTD Payroll Issues Labor/Employee Relations Civil Service Other 7
8 Change Agent Superhero in disguise IDAM Easy-Breezy Flow Chart Interaction of State/Federal Disability Laws FMLA/CFRA (leave laws) Workers Compensation (work related/incurred) PDL (female employees only) ADAAA/FEHA (accommodation) Q & A 8
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