Leaves of Absence [US]
Managing leaves is complex and time-consuming. Learn what you need to know about California and federal leaves of absence.
A leave of absence is a period of time during which an employee is absent from work or duty, while maintaining the status of employee. Managing leaves has become one of the more complex and time consuming responsibilities in the average HR practitioner's world. With numerous legal issues, along with the choices available to employers, it is important that HR professionals have a good grasp of this topic. Learning Objectives: • Identify types of leaves, duration, conditions, and eligibility • Discuss benefits, timing, notice requirements and job return rights as they relate to leaves • Outline the requirements of the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (CA PDL) • Discuss the Americans with Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA) disability legislation as they relate to leaves • Discuss military leaves and other leaves that affect employers Course Outline: • What is a Leave? o Definitions and examples o Mandatory vs. voluntary o Mandatory leaves – federal o Mandatory leaves – California o Eligibility o Reasons for leave o Case Study • Serious Health Conditions o Definition o Inclusions and exclusions o Medical certification • Timing of Leaves o Duration of leave under FMLA/CFRA o Duration of leave for birth, adoption or foster care placement o Duration of CA-PDL o Determining 12 month period for family leave o Notice requirements for FMLA, CFRA and CA-PDL o Continuation of Benefits o Job reinstatement rights • Disability Laws and Leaves o Who is covered under the ADA? o Who is covered under FEHA? o Workers' Compensation • School Visits and Education Leave o Family-School Partnership Act (California) o Employee Literacy Education Assistance Act (California) • Victims of Domestic Violence, Sexual Assault and Other Crimes o Requirements for smaller (fewer than 25) and larger (25 or more) employees • Military Leave and Civic Responsibility o Reemployment rights o USERRA benefits o California military leave laws and spousal military leave o Time off to vote o Leave for jury and witness duty, election officers, and volunteer firefighters • Miscellaneous Leaves o Kin-care leave o Alcohol and Drug Rehabilitation Act (California) leave • Income Replacement Programs o What is income replacement? o California Paid Family Leave Insurance (PFLi) o California State Disability Insurance (SDI) o Employer responsibilities • Looking Ahead o Potential changes to legislation o Resources