Know your
rights for Family Leave.
There may
have been some misinformation from the District.
Did you
know that employees can take up to 12 weeks of unpaid family
leave for the birth of a child, the adoption or placement of a minor
foster child in their home, or a serious health condition of self, parent,
child, or spouse under the California Family Rights Act (CFRA) without losing their job or
their medical benefits during that time? I have inserted more general information and
details about this below. And would be happy to answer any questions or
help you get to the people that can.
This area of law
has confused some of our members and perhaps even the District Office. YOUR
MEDICAL BENEFITS CONTINUE UNDER CFRA and your CFRA leave does not
start until after the exhaustion of your own sick leave - at least in the
case of pregnancy.
This is fairly
straight forward except in the case of new mothers. So, if you have
had a baby in the past three years and been denied medical benefits - this is
for you. Your CFRA leave to bond with your child starts AFTER
you have exhausted your disability leave (generally four weeks
before birth and 6 or 8 weeks after unless otherwise indicated by
physician). After that period of time you are allowed to take up to 12
weeks of CFRA leave AND YOUR MEDICAL BENEFITS CONTINUE. If you took an
extended leave after the birth of your child and were denied benefits or were
asked to pay for them in this 12 week period, please contact me as there may
have been an error that we can correct.
For any woman
pregnant or who might become pregnant, you need to be aware that you are entitled to
12 weeks of CFRA with benefits after the exhaustion of disability leave.
For any member
in need of family leave time to care for a family member or to welcome a new
family member (birth or adoption), you should be aware of this option.
If you have any
doubts about your right to leave time, your continuation of benefits or
disability leave, PLEASE ASK. YCTA will help to get you the information and expertise to
answer those questions and advocate on your behalf when needed.
Please feel free
to call or email. Our goal is be here to advocate for our members in the
good times and the tough times. Please don't hesitate to ask for help or
more information.
Some general
information about CFRA:
With similar
provisions to the federal Family and Medical Leave Act (FMLA), the CFRA allows
employees up to 12 weeks of unpaid family leave for the birth of a child, the
adoption or placement of a minor foster child in their home, or a serious
health condition of self, parent, child, or spouse. California family leave
must be taken within one year of the qualifying event.
CFRA does not,
however, cover pregnancy-related disability or childbirth-related recovery.
However, recent mothers may take CFRA leave for purposes of parent-child
bonding in addition to any leave taken under California’s pregnancy disability
laws.
CFRA defines a “serious
health condition” as an impairment, illness, injury or condition requiring
either inpatient care or ongoing treatment by a health care provider. Children
whose illnesses spark CFRA benefits must be either under the age of 18 or
dependent adults. CFRA applies to registered domestic partners under the
California domestic partnership law, though domestic partners are not covered
by federal family and medical leave laws.
Covered
employees may take up to 12 weeks of unpaid leave within a year, and CFRA
requires employers to hold your position during that period. You need not take
all of your CFRA leave at once; instead, you can take the time off in
increments throughout the year, depending on your circumstances.
Your employer must
continue to pay for health and dental plans and other benefits during your CFRA
leave. However, you will be obligated to pay back those premiums if you choose
not to return to work. Your employer must also continue to allow health benefits
and the accrual of seniority, pension and retirement benefits in your absence.
In closing I wish you all
good health for you and your loved ones. May all of your family leave be
to allow you the time to form loving relationships with the newest members of
your family. YCTA will be there in those times of joy as well as the
tough times, so ask for the help you need.
Take care and Good health,
Dina