An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

B. F OR W HAT R EASON I S L EAVE P ERMITTED ? Employees may receive up to six weeks of PFL benefits if they are taking leave to: (1) bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption, or (2) to care for a family member who has a serious health condition. The law relies on the CFRA’s definition of a serious health condition. For purposes of PFL, the term “family member” is defined as the employee’s child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or the parent of a spouse or domestic partner. 1336 Similar to the FMLA and CFRA, the term “child” means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis. 1337 The term “parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. 1338 Notably, FMLA and CFRA leave are not available to care for a sick grandparent, grandchild or sibling. Consequently, these benefits will only apply if the employer allows the employee to take family care leave under a different law or policy, or extends FMLA/CFRA leave for family members not specified under the leaves laws. C. C ONCURRENT U SE O F L EAVE An individual who is entitled to leave under the FMLA and the CFRA must take PFL concurrently with leave taken under the FMLA and the CFRA. 1339 D. C ALCULATION OF B ENEFITS Paid Family Leave is administered by the Employment Development Department (“EDD”) and is funded through SDI insurance contributions. Subject to maximums, Paid Family leave currently provides payment of between 60% to 70% of weekly wages (up to a maximum weekly benefit of $ 1,216) for up to 6 weeks for the purpose of baby-bonding. For more information on how the EDD calculates Paid Family Leave benefits see: http://www.edd.ca.gov/disability/Calculating_PFL_Benefit_Payment_Amounts.htm . E. S AN F RANCISCO P AID P ARENTAL O RDINANCE The City of San Francisco enacted a paid parental leave ordinance that went into effect on January 1, 2017 for employers with 50 or more employees, on July 1, 2017, for employers with 35 or more employees, and on January 1, 2018 for employers with 20 or more employees. The local ordinance requires employers in San Francisco to provide 6 weeks of paid leave to employees for baby bonding purposes, and the leave must be coordinated with PFL benefits. The ordinance is applicable to all employees who: (1) have been employed by a covered employer for at least 180 days, including part-time and temporary employees; (2) work at least eight hours per week (and at least 40% of the employee’s total weekly hours) within San Francisco; and (3) are eligible to receive PFL benefits to bond with a new child. Employers are required to supplement PFL benefits to ensure that eligible employees receive 6 weeks of full

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 307