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Medical Leave in CA with less than 50 employees
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Medical Leave in CA with less than 50 employees
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We are a company of less than 50. Where do I go to find the CA medical leave laws/rules that we are bound by?
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Medical Leave in CA with less than 50 employees
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Medical Leave in CA with less than 50 employees
posted at 8/22/2002 3:05 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
Addressing only law and regulations regarding medical-related leaves...since you are under 50 employees, FMLA and CFRA are not applicable to your company (but if you are governmental agency -- state or local -- then it they appicable regardless of the number of employees).
Pregnancy Disability Leave applies to Calfornia employers with 5 or more employees. The regulations addressng Californa Pregnancy Disability Leave for private sector are found in the California Code of Regulations, Title 2, Divsion 4, Chapter 2, Subchaper 6A. In California, the employee who is unable to work due to the pregnancy may have up to 4 months unpaid leave (protected with right of return to job). The federal Pregnancy Discrimination Act which applies to employers with 15 or more employees specifies that the temporarily disabled pregnant employee is entitled to the same benefits and privileges that the company extends to other temporarily disabled employees. So, if you grant leave to temporarily disabled employees because of COMPANY policy, then you would need to do it for the pregnant employee who is temporarily disabled. The other medical-type leave that could occur for employers with less than 50 employees would be one under ADA -- it requires at least 15 or more employees -- and/or California Fair Employment and Housing Act -- it requires just 5 or more employees. You can locate the ADA regulations at volume 29 of the Code of Federal Regulations, Section 1630 and following sections. You can get some guidance material on ADA and reasonable accommodations at EEOC's website... www.eeoc.gov The FEHA regulations address disabilities and reasonable accommodations -- California's ADA law -- can be found at California Code of Regulations, Title 2, Division 4, Chapter 2, Subchapter 9. Information about the California law can be found at www.dfeh.ca.gov Remember, there are some differences between federal ADA and the California law. Medical leave under either one may be appropriate as a reasonable accommodation for a qualifying disaiblity even if the employee is not eligible for FMLA or CFRA. Finally there may be leave as part of an industrial injury. Your best source for information on that is your Third Party Administrator or the Workers' Compensation Board. The regulations won't necessarily help you but just in case, they are found at California Labor Code 3200 and following sections. You can find information about Workers' Compensation regulations at the California Department of Industrial Relations... www.dir.ca.gov |
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