Avoid costly legal troubles by making sure that your company’s policies are in line with the  regulations of the Family and Medical Leave Act and the California Family Rights Act.  Protect your investment in your company by taking advantage of the FMLA and CFRA compliance programs that we offer.  We can provide you with the knowledge and information that you need to be in complete legal compliance with State and Federal regulations.

Family & Medical Leave Act & California Family Rights Act Compliance Programs

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?

• • • • • • • 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-too-common trap. Our FMLA & CFRA compliance program will make sure that you know the intricacies of the multiple requirements.

There are both federal and California family leave laws – the Family and Medical Leave Act (FMLA) and the 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 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 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:

1. 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.
2. FMLA/CFRA Leave Policy ( Legally Required! )
   • Distribute to employees upon request and/or company-designation of FMLA/CFRA.
3. Request / Designation Form ( Strongly Suggested! )
   • Distribute to employees upon request and/or company-designation of FMLA/CFRA.
4. 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.
5. Leave Designation Letters ( Legally Required! )
   • Customize and distribute to employees upon designation of FMLA/CFRA
6. Notice of Change in Employment Status ( Legally Required! )
   • Distribute to employees upon designation of FMLA/CFRA.
7. Leave Tracking Form
   • Document and track  important events for each FMLA/CFRA leave.
8. Leave Expiration Letters
   • Customize and distribute to employees as needed.
9. 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.
10. Required Postings ( Legally Required! )
    

So protect yourself and your company by establishing a protocol for compliance with the regulations of the Family and Medical Leave Act and the California Family Rights Act.

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