An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

care). 1314 The New Parent Leave Act only applies to employees who are otherwise not eligible for FMLA or CFRA leave, because their employers do not employ 50 or more employees in a 75 mile radius. 1315 The requirements for this leave are very similar to requirements for CFRA bonding leave, which are set forth in Section 4, above.

A. E MPLOYEE E LIGIBILITY R EQUIREMENTS An employee is eligible for NPLA bonding leave if:

 He or she has more than 12 months of service with the employer;  Worked at least 1,250 hours during the previous 12-month period; and  Works in a location with 20-49 employee in a 75 mile radius 1316

B. L ENGTH O F L EAVE A ND T IMING Employees must be provided with 12 workweeks of leave for bonding with a newborn, foster child, or newly adopted child. in a 12-month period. 1317 Similar to FMLA/CFRA baby bonding leave, the leave must be taken within one year of the child’s birth, adoption, or foster care placement. 1318 C. E MPLOYEE I S G UARANTEED T HE S AME O R C OMPARABLE P OSITION U PON R ETURN F ROM L EAVE Like FMLA and CFRA, this leave provides a covered employee a right to reinstatement at the end of their NPLA leave. 1319 The employer must guarantee employees who take this leave that they will be employed in their same or a comparable position upon return from leave. 1320 Otherwise, the employer will be deemed to have refused to allow the leave. 1321 D. U SE OF P AID T IME D URING L EAVE Employees may use any paid time off negotiated with the employer during this period of leave. This includes, but is not limited to, the following accrued leaves:  Accrued vacation pay;  Paid sick time; or  Other accrued paid time off. 1322 E. C OORDINATION O F L EAVES 1. P REGNANCY D ISABILITY L EAVE Employees are entitled to take Pregnancy Disability Leave (PDL) in addition to this leave, if they otherwise qualify for Pregnancy Disability Leave. 1323 In other words, this leave does not substitute for PDL, and the leaves will run separately in the same manner as CFRA leave. As a

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 304