CMCP Diversity Matters - May/June 2018

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20 | California Minority Counsel Program
NAVIGATING CALIFORNIA’S FAMILY LEAVE LAWS BY ARWEN JOHNSON, PARTNER and NOAH PÉREZ-SILVERMAN, ASSOCIATE BOIES SCHILLER FLEXNER LLP INTRODUCTION It is no great secret that the United States falls far behind other industrialized nations in its policies on maternity and paternity leave; it is the only developed nation with no mandated paid parental leave. Certain states, including California, have taken steps in the right direction by offering more generous benefits to employees looking to expand their families. The California Family Rights Act (CFRA), the California Paid Family Leave statute (PFL), the Pregnancy Disability Leave statute (PDL), and the more recently enacted “New Parent Leave Act” all offer protections to certain California employees in addition to those offered by the federal Family Medical Leave Act (FMLA). All of these laws make California a more attractive place to work and raise a family, but can be complicated for employers to implement, particularly as our definitions of “family” evolve. This article addresses some considerations California employers should take into account as they look to craft effective, fair, and compliant leave policies. OVERVIEW OF MANDATED BENEFITS California’s Employment Development Department (EDD) has a website that discusses the eligibility requirements for the types of leave available to certain employees. See, e.g., https://www.dfeh. ca.gov/resources/frequently-askedquestions/employment-faqs/pregnancydisability-leave-faqs/pdl-cfra-fmla-guide/ 1 Briefly, the main benefits available to eligible employees, some of which run concurrently, are: 1. The federal Family Medical Leave Act (FMLA). The FMLA is a federal law that provides qualifying employees 12 weeks of unpaid, job-protected leave for a child’s birth, adoption, or the start of foster care. 2 The employer must have more than 50 employees within a 75-mile radius, and to qualify, the employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours in the past year. 2. The California Family Rights Act (CFRA). The CFRA is essentially the California counterpart to the Continued on next page... May/June 2018 | 21
Page 2 and 3: New Minority Partners at CMCP Membe
Page 4 and 5: Letter from the Executive Director
Page 6 and 7: practical tools and concrete takeaw
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Page 10 and 11: direct patient contact. For example
Page 12 and 13: - which affect 17 different types o
Page 14 and 15: DEVELOPMENT OF WORKPLACE VIOLENCE P
Page 16 and 17: GDPR: THE TOOTHPASTE IS OUT OF THE
Page 18 and 19: degree of risk posed to the rights
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Page 24 and 25: FMLA; in fact, the CFRA regulations
Page 26 and 27: California’s PDL statute, however
Page 28 and 29: CMCP Event Highlights Kaiser CLE Ma
Page 30 and 31: Leaders Create More Leaders - Leadi
Page 32 and 33: SCOTUS Erosion of Precedent re Stat
Page 34 and 35: Diversity Calendar The CMCP Diversi
Page 36 and 37: NEWSLETTER COMMITTEE Thank you to o
Page 38 and 39: SWETA H. PATEL Partner Klein, Hocke
Page 40 and 41: JONATHAN M. TURNER Partner Mitchell

CMCP Diversity Matters - May/June 2018

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