You Can Take Your Leave, But Will You Be Paid?

Yesterday we discussed the eligibility requirements surrounding the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) and the Paid Family Leave (PFL) program. Perhaps the most significant difference between PFL and either the FMLA or the CFRA has to do with pay.

Just as its name suggest, PFL is obviously a paid leave. Employees who contribute to the State Disability Insurance (SDI) fund are entitled to six weeks of partial pay each year while taking time off from work to either bond with a newborn baby, adopted or foster child; or care for a seriously ill parent, child, spouse or registered domestic partner. Workers can receive up to 55 percent of their weekly wages up to a maximum weekly benefit amount, determined by weekly wages in the base period. It is also important to note that employees do not have to take all six weeks consecutively. PFL can be taken intermittently on an hourly, daily or weekly basis as needed.

FMLA and CFRA, however, are unpaid leaves. Still, an employee can use vacation, sick leave or even PFL concurrently with the leave so that he or she receives some compensation. Even if you are not able to use some form of paid accrued leave time while on FMLA or CFRA, benefits such as employer-paid health, dental and vision benefits continue during your leave.

After determining whether you are eligible for leave and whether you will be paid, another concern with this area of employment law is the matter of your reason for taking leave. Tomorrow we will discuss some of the permissible causes.

Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment attorneys



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