The New Parent Leave Act has been passed into law and took effect on January 1, 2018. Under this new law, certain California employers are required to provide eligible employees with 12 weeks of unpaid, job-protected parental bonding leave.
California business owners who employ 20 to 49 employees within 75 miles of each other are required to provide this benefit. This law does not apply to employees who are covered under the FMLA/CFRA, as these laws already provide 12-weeks of baby bonding leave.
What employees are eligible for California Parental Leave?
The eligibility requirements are extremely similar to those under the FMLA/CFRA. In other words, an employee is eligible for Parental Leave if he/she meets the following requirements:
- The employee has worked for the employer for at least 12 months,
- The employee has worked at least 1,250 hours in the 12-month period preceding the use of leave, and
- The employee works at a worksite with 20 or more employees in a 75-mile radius.
How much leave is available to eligible employees?
Eligible employees may take up to 12 weeks of unpaid, job-protected leave during a 12-month period to bond with a new child within one year of the child’s birth, adoption, or foster care placement.
Do employers have to maintain an employee’s health benefits under this leave?
Yes, if an employee is covered through a group plan prior to their leave, employers are required to maintain and pay for the employee’s continued coverage under the same conditions that coverage would have been provided had the employee continued to work. If the employee does not return to work after their leave, the employer is able to recover their portion of the premium as long as the employee’s failure to return is not due to the continuation, recurrence or onset of a serious health condition, or “other circumstances beyond the control of the employee.”
What if both new parents work for the same employer? How does the leave work in that case?
In a case where both parents work for the same employer, both parents are entitled to a combined total of 12 weeks of unpaid parental leave. The employer may, but is not required to, grant simultaneous leave to both employees.
What steps should employers take to prepare for this new leave?
Before this new law takes effect on January 1, 2018, California employers should first determine if they are covered employers under this law. If yes, then affected employers should take steps to develop new policies and procedures relating to this leave of absence. In addition, employers should train their managers and supervisors on how to comply with these new requirements.
If this new law applies to you, it’s import to update your handbook and let employees know this benefit is available to them. If you’d like to refer to the content of the new bill, you can find it here.
