In addition, the federal Family Medical Leave Act also provides protected leave for family or personal medical purposes. Certain state or local laws may have different requirements, which should be independently considered by employers when determining their obligation to provide paid sick leave. FMLA: Federal vs. California. Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave). Can an employee stay home under FMLA leave to avoid getting COVID-19? The FMLA/CFRA entitles eligible employees up to twelve (12) workweeks of unpaid, job-protected leave each calendar year (January 1st – December 31st) for specified family and medical reasons. #block-googletagmanagerheader .field { padding-bottom:0 !important; } (Q) Are there any restrictions on when an employee can take leave for the birth or … 1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, COVID-19 and the Family and Medical Leave Act Questions and Answers, Families First Coronavirus Response Act: Questions and Answers. FMLA and State Family Medical Leave. Other laws may impose restrictions on the circumstances when your employer can require COVID-19 testing, and what types of tests are permitted. In some situations, you therefore may be entitled to take up to 12 weeks of FMLA leave for your own condition and 12 weeks of NJFLA leave to care for a family member, in a single 12-month period. Under the FMLA, eligible employees are entitled up to 480 hours of family … FMLA stands for Family and Medical Leave Act while CFRA stands for California Family Rights Act. The FMLA/CFRA entitles eligible employees up to twelve (12) workweeks of unpaid, job-protected leave each calendar year (January 1st – December 31st) for specified family and medical reasons. Yes. FFSL is not a separate leave account or balance. Some employees may not be able to come to work because they have to take care of sick family members. This means that with the new California Sick Leave Laws, which allows for employees to use the time to provide help from domestic violence, sexual assault, and stalking now applies to Kin Care. (See the U.S. 1. However, you are not protected from actions that would have affected you if you were not on FMLA leave. Remember that federal law mandates that any flexible leave policies must be administered in a manner that does not discriminate against employees because of race, color, sex, national origin, religion, age (40 and over), disability, or veteran status. However, for employers who choose to … #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} .h1 {font-family:'Merriweather';font-weight:700;} The FMLA is a federal law that gives eligible employees the right to take time off work, unpaid, to recover from serious medical conditions and care for ailing family members, among other things. Workers who are ill with COVID-19 or have a family member with COVID-19 are urged to stay home to minimize the spread of the pandemic. In its recent decision in McCarther v. Pacific Telesis Group, Opinion No. (Employers should be aware that fitness-for-duty certifications may be difficult to obtain during a pandemic.) Remember when making these decisions to exclude employees from the workplace, you cannot discriminate on the basis of race, sex, age (40 and over), color, religion, national origin, disability, union membership or veteran status. Until December 31, 2020, the WHD will consider telemedicine visits to be in-person visits, and will consider electronic signatures to be signatures, for purposes of establishing a serious health condition under the FMLA. If the leave qualifies as FMLA-protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances.