State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2002-041

  DATE:
  July 8, 2002

  TO:
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Policy Development Office

  SUBJECT:
  Family and Medical Leave Act (FMLA)

  CONTACT:
  Syd Perry, Work and Family Coordinator
  (916) 324-2763
  FAX: (916) 324-0524
  E-mail: SydPerry@dpa.ca.gov


  The purpose of this memorandum is to inform departments of 
  the method to be used, beginning with calendar year 2002, 
  for calculating Family and Medical Leave Act (FMLA) leave.  
  This change applies to represented employees in State 
  Bargaining Units 1, 2, 3, 4, 7, 11, 12, 13, 14, 15, 17, 18, 
  19, 20, 21, and all excluded employees.
  
  FMLA leave is currently calculated using the 12-month 
  rolling-year method.  Under the new method, State 
  departments are required to implement the 12-month calendar 
  year method.  Under this method, an employee is entitled to 
  up to 12 weeks of FMLA leave any time during the calendar 
  year.
  
  Employees retain the full benefit of 12 weeks of leave 
  under this new method.  For example, regardless of how much 
  FMLA leave has been taken during the past 12 months under 
  the rolling-year method, employees are now entitled to a 
  full 12 weeks of leave during calendar year 2002 and each 
  year thereafter.
  
  Prior to implementing this change, departments are required 
  to provide a 60-day notice to all current employees.  
   
  A sample "Notice to Employees" is attached for departments to 
  model when informing their employees of this new procedure.  
  Employees who leave State service prior to the end of the 60-day 
  notice period are not affected by the new procedure.
  
  
  
  
  Bob Painter, Chief
  Policy Development Office
  
  Attachment
   
  
  
  
  
  (DEPARTMENT LETTERHEAD)
  
  
  
  
  
  (DATE)
  
  
  
  To:    Employees in Bargaining Units 1, 2, 3, 4, 7, 11, 12, 13, 
  14, 15, 17, 18, 19, 20, and 21, and all excluded employees.
  
  
  Re:    Family and Medical Leave Act (FMLA)
  
  This is to notify you that the State of California is changing 
  the method of determining the maximum benefit under FMLA leave.  
  This notice is required by the Code of Federal Regulations 
  [29 C.F.R. 825.200(d)(1)] and applies to employees in the 
  bargaining units identified above and all excluded employees.
  
  Under current practice, FMLA leave is calculated using the 
  12-month rolling year method.  Under the new method, State 
  departments are now required to implement the 12-month calendar 
  year method.  Under this method, an employee is entitled to up to 
  12 weeks of FMLA leave at any time during a calendar year.  This 
  change is effective for the 2002 calendar year.
  
  Prior to implementing this change, departments are required to 
  provide a 60-day notice to all affected employees.  The employees 
  retain the full benefit of 12 weeks of leave under this new 
  method.  Thus, regardless of how much FMLA leave has been taken 
  during the past 12 months under the rolling-year method, 
  employees are entitled to 12 weeks of leave during calendar 
  year 2002.
  
  Questions regarding this notice may be directed to (CONTACT 
  NAME).
  
  Sincerely,
  
  
  
  
  (SIGNATURE BLOCK)