| |
FEDERAL ELEMENTS |
STATE ELEMENTS |
| Employer Covered |
Private Employers of 50 or more
Employees in at least 20 weeks of the current
or preceding year
Public agencies, including state, local, and
Federal Employers
Local education agencies covered under special
provisions |
Anyone who directly employs
50 or more Employees
The state and any political or civil subdivision
of the state and cities
No special provision for education agencies |
| Employees Eligible |
Worked for Employer for at least
12 months - which need not be consecutive; worked
at least 1,250 hours for Employer during 12
months preceding leave; and employed at Employer
worksite with 50 or more Employees or within
75 miles of Employer worksites with a total
of 50 or more Employees |
Similar to Federal provision,
including worksite proviso |
| Leave Amount |
Up to a total of 12 weeks during
a 12-month period; however, leave for birth,
adoption, foster care, or to care for a parent
with a serious health condition must be shared
by spouses working for same Employer |
Similar to Federal provision
Under separate statute, State Employees may
receive up to 12-months leave for pregnancy,
childbirth, or adoption, or care for newborn
No requirement that spouses share leave. Under
separate statute, employers are required to
provide a female employee affected by pregnancy,
childbirth, or related medical condition the
same benefits as provided employees on temporary
disability (for a period of 6 weeks or less).
An employee also is entitled to take pregnancy
leave for a reasonable period of time not to
exceed 4 months. |
| Type of Leave |
Unpaid leave for birth, placement
of child for adoption or foster care, to provide
care for Employee's own parent (including individuals
who exercise parental responsibility under state
law), child under 18 or a dependant adult child,
or spouse with serious health condition, or
Employee's own serious health condition |
Similar to Federal provision |
| Serious Health Condition |
Illness, injury, impairment,
or physical or mental condition involving incapacity
or treatment connected with inpatient care in
hospital, hospice, or residential medical-care
facility; or, continuing treatment by a health
care provider involving a period of incapacity:
(1) requiring absence of more than 3 consecutive
calendar days from work, school, or other activities;
(2) due to a chronic or long-term condition
for which treatment may be ineffective; (3)
absences to receive multiple treatments (including
recovery periods) for a condition that if left
untreated likely would result in incapacity
of more than 3 days; or (4) due to any incapacity
related to pregnancy or for prenatal care |
Similar to Federal provision
|
| Health Care Provider |
Doctors of medicine or osteopathy
authorized to practice medicine or surgery;
podiatrists, dentists, clinical psychologists,
clinical social workers, optometrists, chiropractors
(limited to manual manipulation of spine to
correct subluxation shown to exist by x-ray),
nurse practitioners, and nurse-midwives, if
authorized to practice under State law and consistent
with the scope of their authorization; Christian
Science practitioners listed with the First
Church of Christ, Scientist in Boston, MA; any
provider so recognized by the Employer or its
group health plan's benefits manager; and any
health provider listed above who practices and
is authorized to practice in a country other
than the United States |
Medical physician, surgeon,
or osteopathic physician certified by California
or licensed in another jurisdiction |
| Intermittent Leave |
Permitted for serious health
condition when medically necessary. Not permitted
for care of newborn or new placement by adoption
or foster care unless Employer agrees |
Leave may be taken in one or
more periods not to exceed 12 weeks |
| Substitution of Paid Leave |
Employees may elect or Employers
may require accrued paid leave to be substituted
in some cases. No limits on substituting paid
vacation or personal leave. An Employee may
not substitute paid sick, medical, or family
leave for any situation not covered by any Employers'
leave plan |
For family care and medical
leave, Employee may elect, or Employer may require,
substitution of accrued vacation leave or other
accrued time off or other paid or unpaid time
off negotiated with the Employer
For Employee's own serious health condition
(but not other purposes unless the Employer
and Employee agree), Employee may use accrued
sick leave |
| Reinstatement Rights |
Must be restored to same position
or one equivalent to it in all benefits and
other terms and conditions of employment |
Similar to Federal provision |
| Key Employee Exception |
Limited exception for salaried
Employees if among highest paid 10%, within
75 miles of worksites, restoration would lead
to grievous economic harm to Employer, and other
conditions met |
Similar to Federal provision
|
| Maintenance of Health Benefits
During Leave |
Health insurance must be continued
under same conditions as prior to leave |
Similar to Federal provision
|
| Leave Requests |
To be made by Employee at least
30 days prior to date leave is to begin where
need is known in advance or, where not foreseeable,
as soon as practicable
If due to a planned medical treatment or for
intermittent leave, the Employee, subject to
health care provider's approval, shall make
a reasonable effort to schedule it in a way
that does not unduly disrupt Employer's operation |
If need for leave is foreseeable,
Employee shall provide reasonable advance notice
Similar to Federal provision |
| Medical Certification May Be
Required by Employer for: |
Request for leave because of
serious health condition
To demonstrate Employee's fitness to return
to work from medical leave where Employer has
a uniformly applied practice or policy to require
such certification |
Request for leave because of
serious health condition
Employee's fitness to return to work from medical
leave as long as practice of requesting a certificate
is uniformly applied |
| Executive, Administrative, and
Professional Employees |
Such individuals are entitled
to FMLA benefits. However, their use of FMLA
leave does not change their status under the
Fair Labor Standards Act (FLSA), i.e., an Employer
does not lose its exemption from the FLSA's
minimum wage and overtime requirements. |
No specific provision |
