Family & Medical Leave Act: Compliance for California Employers

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+ Overview

+ Summary Highlights Comparing FMLA, CFRA, PDL, ADA/FEHA, and WC

+ Compliance Steps

+ Model Forms

+ Web Resources in Text


Table of Contents (See Step 3 and Step 8 for sample pages)
 
bullet Overview
  • Compliance Steps Regarding FMLA/CFRA/PDL Leave

  • Family & Medical Leave Act ("FMLA")

  • California Family Rights Act ("CFRA")

  • California Pregnancy Disability Leave Act ("PDL")

  • Other Laws

bullet Summary Highlights Comparing FMLA, CFRA, PDL, ADA/FEHA, and WC
 
bullet Compliance Steps
  • STEP 1: Evaluate Whether the Employer is Covered by FMLA

  • STEP 2: Ensure FMLA/CFRA/PDL Posters Are Posted and Each Employee Is Given Written Notice

  • STEP 3: Evaluate Whether Employee Is Eligible for FMLA/CFRA Leave

  • STEP 4: Evaluate Whether Employee's Leave Request Satisfies FMLA/CFRA/PDL Criteria

  • STEP 5: Evaluate Whether Employee Provided Adequate Notice

  • STEP 6: Evaluate Whether Medical Certification Requirements Are Met

  • STEP 7: Give Written Confirmation of FMLA/CFRA/PDL Leave

  • STEP 8: Review Employer's Obligation to Provide Benefits During Leave

  • STEP 9: Arrange for Payment of Benefit Premiums

  • STEP 10: Provide Notice of Failure to Pay Premiums

  • STEP 11: At the End of Leave, Obtain Fitness-for-Duty Certification

  • STEP 12: At End of Leave, Reinstate Employee to Comparable Position

  • STEP 13: If Employee Does Not Return to Work, Offer COBRA Continuation Coverage & Recover Group Health Plan Premiums

  • STEP 14: Evaluate Whether Employee Returning from Leave Owes Premium Payments for Coverage Maintained While on FMLA Leave

bullet Model Forms
 
bullet Web Resources in Text

© 2002 Davis Wright Tremaine LLP
No claim to original U.S. Government works