CA family leave falls under the jurisdiction of both state and federal legislation. Depending on the type of leave requested, a number of different legislative applications could come into play, including federal FMLA, California Pregnancy Disability Leave (PDL), and the California Family Rights Act (CFRA). The condition which typically triggers the most applications is an employee’s own disability due to pregnancy. But many qualifying events apply under CA family leave.
CA family leave differs greatly from many other states. Federally speaking for example, California is one of only thirteen states that recognize same-sex marriage, so effective immediately, upon the Supreme Court’s decision to overturn DOMA’s “one man and one woman” marriage definition, all legally married couples in California must be treated and handled in the same manner under FMLA guidelines. Before the Supreme Court’s decision, the same-sex spouse would have been covered under CFRA but not FMLA. Now, under the same scenario, both FMLA and CFRA will decrement this CA family leave example concurrently.
Changes in CA family leave, like many other states, are causing confusion for covered employers. When states generate legislation intended to increase the benefits or coverage of federal FMLA, any overlap generally opens the door for confusion. As an example, FMLA still does not recognize the “domestic partner” relationship, therefore if an employee takes time off from work to care for a seriously ill domestic partner, then CFRA availability would cover and decrement time, but FMLA would be unaffected regarding this example of CA Family leave.
Employer confusion with CA family leave has virtually been eliminated for many employers who decided to utilize Qcera’s web-based LeaveSource™ software. Qcera clients provide compliant leave administration for more than a million employees. LeaveSource™ administers federal FMLA, California and every other applicable state legislative requirements, as well as a company’s specific leave policies, in a compliant fashion. LeaveSource™ Express is a turnkey solution serving small businesses. LeaveSource™ Enterprise is a scalable and fully-configurable version capable of handling businesses of any size and with any leave-handling needs. LeaveSource™ Entrust is a hybrid outsourcing service that lets a company’s HR handle the initial leave request and then provides complete back office support through an employee’s return to work, including medical certification analysis, required notifications and communications. Select the red button to request a demonstration or for more written information click the “Products” tab above or the specific product tab below for compliance solutions with CA family leave.