State of California

M E M O R A N D U M


                                            Date: September 3, 1993
To:    PERSONNEL MANAGEMENT LIAISONS Reference Code:    93-61
                                                 
       THIS MEMORANDUM SHOULD BE DISTRIBUTED TO:

            Labor Relations Officers
            Personnel Officers


From:  Department of Personnel Administration
       Office of the Director


Subject:    Federal Family and Medical Leave Act



This memorandum provides an update and clarification regarding the Federal Family and Medical Leave Act (FMLA).  

AB 1460

AB 1460, the legislation that changes the State's Family Rights Act to make it conform with FMLA has been amended to include an urgency statute.  While this would make it effective upon signature by the Governor, the bill also contains a provision stating that it would not affect collective bargaining agreements until February 5, 1994.  If the bill passes and is signed by the Governor, the Department of Personnel Administration will issue further direction concerning its impact on State employment.  

Employees Currently on Leave

Excluded and Unit 14 employees, who are on a leave of absence effective August 5, 1993 and who meet the criteria for a FMLA leave, should have their leave designated as FMLA leave.  If these employees have continued their health, dental, and vision coverage, departments should begin making the State contributions for these benefits (for up to 12 weeks), effective August 5, 1993.  If the employee has not continued these benefits, he/she should be asked if he/she wishes to resume coverage, with the State paying its normal contribution for up to 12 weeks.  

Determining the 12-Month Period

In our prior memorandum, we informed State Departments that they were permitted to select one of four methods for determining the 12-month period in which the 12 weeks of leave entitlement occurs.  Several calls were received asking for clarification regarding the:  1) 12-month period measured forward from the date the first FMLA begins; and 2) the "rolling" 12-month period.  Section 825.200 of the FMLA regulations define these periods as follows:  

     12-Month Period Measured Forward -- An employee is entitled to 12     weeks of leave during the year beginning on the first date FMLA is taken; the next 12-month period would begin the first time FMLA leave is taken after completion of any previous 12-month period.

     Rolling 12-Month Period -- Each time an employee takes FMLA leave, the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months.  

The following example illustrates the difference between these approaches:  

     Assume that an employee takes three four-week family leaves beginning on February 1, 1994; June 1, 1994; and December 1, 1994.  

     The employee then requests a 12-week family leave beginning on March 1, 1995.  

     Under the "measured forward" approach, the employee would be entitled to the full 12 weeks of leave.  This is because the February 1, 1994 leave began a 12-month eligibility period that ended on January 31, 1995.  The March 1, 1995 leave would begin a new 12-month period, during which the employee could immediately take another 12 weeks of family leave.  

     Under the "rolling period" method, the employee would be entitled to only four weeks of leave, beginning on March 1, 1995.  This is because the eight weeks of leave taken during June 1994 and December 1994 would still be within the 12-month "look back" period, leaving only four more weeks of leave entitlement until the June 1994 leave began phasing off the books on June 1, 1995.  

Employees who transfer to State departments that use a different method for determining the benefit period are entitled to receive FMLA benefits provided under the new department's method even though the employee may receive an additional FMLA entitlement.  Likewise, an employee should not be penalized if the new employer's benefit period is different.  

Miscellaneous Information

Attached for your information is additional information from the Department of Labor (DOL).  This information can be used to meet DOL's noticing and posting requirements. 

If you desire additional information regarding this memo, please contact Sydney Perry at (916) 445-9244 or CALNET 454-9244.  




Wendell M. Coon, Chief
Policy Development Office


Attachment





This attachment could not be uploaded to the Bulletin Board System.  Please call Julie Lowe in the Policy Development Office at (916) 324-9351 or CALNET 454-9351 if you would like a copy.