Federal

Condition

California

Yes - Employers with 50 or more employees. (Family and Medical Leave Act of 1993 [FMLA])

Required?

Yes - Employers with 50 or more employees. (California Family Rights Act of 1991 [FRA])
Employers with one or more employees. (Paid Family Temporary Disability Insurance - FTDI) Withholding from employee pay begins January 1, 2004.

Employer Choice. Employer can require, or employee may elect to use accrued paid vacation or other paid time off for this leave. Under FMLA rules, medical benefits must be continued under the same terms as if the employee were on active duty.

Paid/Unpaid?

Employer Choice. Employer can require, or employee may elect to use accrued paid vacation or other paid time off for this leave.
FTDI is paid out of employee funded State Disability Insurance (SDI) fund. Employer may require employee to take up to two weeks of accrued vacation before becoming eligible for benefits. FTDI requires employers to continue coverage for FTDI employees just as if they were still on active duty. Employees must pay their continuing portion of premium.

Employees with 12 months total service who has worked 1,250 hours in the 12 calendar months immediately preceding the leave.

Employees with 12 months total service who has worked at least 1,250 hours during the previous 12 months. Employees at a worksite with fewer than 50 workers are eligible only if the employer has at least 50 workers within 75 miles of the employee's worksite.
FTDI eligibility begins immediately upon employment if there is a qualifying need for the leave. FTDI requires a 7-day waiting period and is subject to employer's vacation policy.

1) Birth of a child of the employee; 2) Placement of a child with the employee for adoption or foster care; 3) Provision of care for employee's child, spouse or parent who has a serious health condition; 4) Serious health condition of the employee which prevents the employee from working.

On January 28, 2008, President Bush signed HB 4986 creating two new reasons for FMLA leave. See "Military Spouse Leave."

Reasons for leave?

1) Birth of a child of the employee; 2) Placement of a child with the employee for adoption or foster care; 3) Provision of care for employee's child, spouse or parent who has a serious health condition; 4) Serious health condition of the employee which prevents the employee from working.
FTDI can be used for birth of a child of the employee or employee's domestic parther; placement of a child in connection with adoption or foster care; or serious health condition of a child of the employee, spouse, or domestic partner; or the serious health condition of the employee's spouse, parent, or domestic partner.

Total of 12 weeks leave during any 12-month period. Leave may be taken one day at a time if necessary.

Total of 12 weeks leave during any 12-month period. Leave may be taken one day at a time if necessary.
FTDI covers up to 6 weeks in a 12 month period.

Yes

Yes.
FTDI creates no reinstatement rights. Since FTDI runs concurrently with other leaves that do give reinstatement rights such as FLSA and CFRA, those may take precedence.

Same position or an "equivalent" or "comparable" position.

Guaranteed job assignment?

Same position or an "equivalent" or "comparable" position.
FTDI offers no guarantees for job assignment. Since it runs concurrently with FLSA and CFRA, those other laws may take precedence.

Employer may require employee to provide a certification from the health care provider of the person requiring care.

Employer may require employee to provide a certification from the health care provider of the person requiring care.
FTDI says the employer may require medical certification. California's Employment Development Department is required to develop forms.