Including Compliance with Federal and California regulations
Did you know that California and federal regulations can overlap so that a female employee may be eligible for up to a seven-month leave with a guaranteed right to return to her job?
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Some employers have failed to consider California’s leave requirements in conjunction with federal leave requirements. These companies have found that by not being in compliance with the regulations, they were liable for incorrectly terminating employees who they thought were not entitled to additional leave time. Don’t fall into this all-to-common trap. This compliance program will make sure that you know the intricacies of the multiple requirements. |
There are both federal and California family leave laws – Family and Medical Leave Act (FMLA) and California Family Rights Acts (CFRA). In implementing an FMLA/CFRA policy, employers have found that the integration of the various laws has been complex due to some direct conflicts in the laws.
Most employers know that they essentially must provide up to 12 weeks of a unpaid leave so that employees may 1) care for their own or their family member’s serious health condition, as well as 2) to care for a newly born, adopted or foster-placed child. What many employers are unsure of, however, is how to track the leaves, what to do about benefits for extended leaves, how an employee on maternity leave may be eligible for up to 7 months worth of a leave, and how FMLA/CFRA integrates with other benefits such as Worker’s Comp., State Disability Insurance, the American’s with Disabilities Act, etc.
A major component of FMLA/CFRA is that such leaves must be properly designated at the time the leave begins and usually may not be designated at a later date. In order to qualify for proper designation, there are specific notification requirements that must be met.
TPO human resource management has developed a comprehensive, affordable, and legally sound compliance program that integrates and complies with both the federal and state requirements. Through this program an HR consultant discusses the intricacies of the program and helps you determine the best choices in TPO creating an FMLA/CFRA policy specifically designed for your company. The result is a ready-to-implement program including:
Program Instructions
Provides
a "decision tree" to
help you evaluate whether or not the leave is covered by one of the statues
and
A checklist of employer responsibilities
including paperwork requirements
as you progress through the leave.
FMLA/CFRA
Leave Policy
Legally
Required!
Distribute
to employees upon request and/or company-designation of FMLA/CFRA.
Request
/ Designation Form 
Strongly Suggested!
Distribute
to employees upon request and/or company-designation of FMLA/CFRA.
Certification
of Health Care Provider
Strongly Suggested!
Distribute
to employees requesting a leave of absence for the
birth of a child, or for the employee's own serious health condition.
Leave
Designation Letters
Legally Required!
Customize
and distribute to employees
upon designation of FMLA/CFRA
Notice
of Change in Employment Status
Legally
Required!
Distribute
to employees upon designation of FMLA/CFRA.
Leave Tracking Form
Document
and track important events
for each FMLA/CFRA leave.
Leave Expiration Letters
Customize
and distribute to employees as needed.
Authorization
to Return to Work
Strongly Suggested!
The
employee's health care provider must complete this form before the employee
returns to work from a leave of absence for the employee's own serious
health condition.
Required
Postings
Legally
Required!
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These forms, including Leave Designation and Leave Expiration Letters, are provided to you on disc and can be customized for each case. |
