J OB -P ROTECTED L EAVE IN THE U NITED S TATES AND A BROAD Rona Kaufman Kitchen.
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JOB-PROTECTED LEAVE IN THE UNITED STATES AND ABROAD Rona Kaufman Kitchen
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Transcript of J OB -P ROTECTED L EAVE IN THE U NITED S TATES AND A BROAD Rona Kaufman Kitchen.
JOB-PROTECTED LEAVE IN THE UNITED STATES AND ABROADRona Kaufman Kitchen
FAMILY MEDICAL LEAVE ACT (FMLA)
Introduction Employers Employees Qualifying Events Notice & Certification Amendments
EMPLOYERS
50 Employees Public Employees
EMPLOYEES
Employer Hours Months
Consecutive Employee Status Joint Employers
QUALIFYING EVENTS
Bonding Leave Birth Adoption Foster Placement
Serious Health Condition Self Spouse Child Parent
SERIOUS HEALTH CONDITION
Illness, Injury, Impairment, or Physical or Mental Condition Inpatient Care at a Hospital, Hospice or
Residential Medical care Facility Continuing Treatment by a Medical Care Provider Substance Abuse
Employee unable to perform the functions of his or her position
Covered Conditions Pregnancy Epilepsy Cancer
NOTICE AND CERTIFICATION
Notice Employer Must
Provide Notice Employee Must Give
Employer Notice No Need to Invoke
FMLA by Name
Certification Employer may
request Certification Second and Third
Certification Failure to Provide
Certification
LEAVE ENTITLEMENT 12 weeks Unpaid Group Health Plan Coverage
Employee share of payment Employee Election Not to Retain Coverage Coverage Termination and Reinstatement
Restore Employee Same or Equivalent Pay Benefits Status Responsibility Authority
LIMITED PROTECTION
Lay Off Reorganization Unable to Perform Key Employees Multiple Employers Part-Time Employees Recent Hires Small Employers Relationships Childcare
2008 & 2010 NATIONAL DEFENSE AUTHORIZATION ACT AMENDMENTS TO THE FMLA
26 Weeks Leave Care for Servicemember with a Serious Injury or
Illness 12 Weeks Leave
Qualifying Exigency arising out of an employee’s parent, child, or spouse’s active duty or call to active duty
26 Week Maximum Leave
ESTIMATED PERCENT OF WORKFORCE COVERED BY AND ELIGIBLE FOR FMLA IN 2000SOURCE: U.S. DEPT. OF LABOR
REPORTS ON INTERNATIONAL LEAVE LAWSCenter for Economic and Policy Research
Institute for Health and Social Policy at McGill University
PARENTAL LEAVE POLICIES IN 21 COUNTRIES
Best Practices Generous Paid Leave Non-Transferable Quotas for Each Partner Universal Coverage & Modest Eligibility
Restrictions Financing Structures that Pool Risk Scheduling Flexibility
The United States
TOTAL AND FULL-TIME EQUIVALENT PAID LEAVESOURCE: CENTER FOR ECONOMIC POLICY RESEARCH
0
50
100
150
200
250
300
350
Unpaid Leave
FTE Leave
WORK FAMILY EQUITY INDEX173 COUNTRY STUDY
Paid Maternity Leave (169) Paid Paternity Leave (66) Paid Sick Days (145)
Paid Parental Leave in the U.S.
Necessary Important Beneficiaries U.S. Disadvantages
STATE LEAVE LAWSCaliforniaNew Jersey
CALIFORNIA PAID FAMILY LEAVE
State Disability Insurance Paid Leave 6 Weeks Bonding Serious Health Substitution Relation to FMLA and CFRA
NEW JERSEY PAID FAMILY LEAVE ACT
Employee Contribution Eligibility Paid Leave 6 Weeks Bonding Serious Health Condition
VERMONT’S PARENTAL LEAVE, FAMILY LEAVE, AND SHORT-TERM FAMILY LEAVE LAWS
Unpaid Leave Parental Leave Family Leave Short-Term Leave Exceptions
WASHINGTON STATE FAMILY LEAVE ACT
Unpaid Leave Pregnancy Disability Leave
