California paid family leave: {beginning July 1, employees are allowed six weeks off—with partial pay—to care for a newborn or other family member. Here's how employees & employers can prepare}

California CPA, May, 2004 by David A. Wimmer, Jeffrey W. Mayes

* Employees on FMLA/CFRA leave need not receive any wages. Employers may pay employees a salary while employees take their FMLA/CFRA leaves, but it is not required by law. Also, the state does not provide employees taking FMLA/CFRA leaves with any wage replacement. Employers, however, must continue an employee's health benefits at the same level and under the same conditions that coverage would have been provided if the employee had been continuously employed during the FMLA/CFRA leave's duration.

Under paid family leave, the state provides up to six weeks of partial wage replacement without requiring employers to continue benefits.

* FMLA/CFRA require employees to accumulate at least 1,250 hours of service during the previous year prior to being eligible for leave. Paid family leave becomes active the instant an employee begins service with the employer. Since Bob has worked for his employer full time for more than five years, he likely accumulated 1,250 hours of service in the past year and would be eligible for FMLA/CFRA.

* Employees entitled to FMLA/CFRA leave must take paid family leave concurrently with leaves taken under those acts. Employees, however, do not need to take FMLA/CFRA leave concurrently with paid family leave. Thus, paid family leave does not shorten or lengthen an employee's FMLA/CFRA leaves. So, if Bob's employer has more than 50 employees and Bob is otherwise eligible for FMLA/CFRA, he must take paid family leave at the same time he takes FMLA/CFRA.

* Paid family leave only can be used to care for someone else's serious health conditions or for child bonding, not for an employee's own serious health conditions. However, employees may use FMLA/CFRA for their own serious health conditions.

* FMLA/CFRA generally require employers to reinstate employees who have been on the leaves to their original or equivalent positions with no loss in seniority or benefits. Employees taking paid family leave have no right to reinstatement. Thus, unless Bob takes his paid family leave concurrently with an FMLA/CFRA leave or other leave requiring reinstatement, the factory does not need to reinstate Bob upon his return.

RELATED ARTICLE: Want to know more?

The California Employment Development Department:

www.edd.ca.gov/direp/de8714cf.pdf--Quick facts about the Paid Family Leave Program

www.edd.ca.gov/direp/pflind.asp--Frequently asked questions, forms and other information

www.edd.ca.gov/direp/pflfaq1.asp--Information geared for the employee

BY DAVID A. WIMMER, ESQ. & JEFFREY W. MAYES, ESQ.

David A. Wimmer, Esq. is a shareholder & Jeffrey W. Mayes, Esq. is an associate with Swerdlow Florence Sanchez Swerdlow & Wimmer in Beverly Hills, where they specialize in management-side labor and employment law. You can reach them at (310) 288-3980, or at dwimmer@swerdlowlaw.com and jmayes@swerdlowlaw.com.