home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Shareware 1 2 the Maxx
/
sw_1.zip
/
sw_1
/
BUSI
/
SBA62.ZIP
/
FSBA.EXE
/
F412.SBE
< prev
next >
Wrap
Text File
|
1992-04-30
|
4KB
|
92 lines
@079 CHAP 9
┌───────────────────────────────────────────────┐
│ FEDERAL AND STATE FAMILY LEAVE LEGISLATION │
└───────────────────────────────────────────────┘
Congress attempted in both 1990 and 1991 to pass a parental and
family leave act. Both times, the legislation was vetoed, but
President Bush's veto was barely sustained in 1991. This act,
or similar legislation, is almost certain to come up again, and
is likely to pass next time, this being an election year, and
with polls showing 76% of the population support such a bill.
If passed in its present form, this legislation would require
that employers with at least 50 employees provide unpaid leaves
of absence to employees for up to 12 weeks for family purposes,
such as the birth or adoption of a child, or on account of a
serious health condition of the employee or a spouse, child or
parent. An employer would have to continue health insurance
coverage during such a leave and hold the job open until the
employee returns, or at least provide a comparable position, in
most cases. Note that even if this legislation, which has strong
backing from organized labor, does not make it through Congress
again this year, a number of states (such as California, Hawaii,
and New Jersey) have recently enacted similar legislation, and
many more are likely to follow suit in the absence of federal
legislation on the subject.
Perhaps the most employers can hope for on this front is that
Congress will pass a reasonable bill, and one that pre-empts all
such state laws, so that the law will at least be uniform from
state to state.
@CODE: CA
NEW CALIFORNIA FAMILY LEAVE REQUIREMENT
Effective on January 1, 1992, California businesses that employ
50 or more workers are required to grant unpaid leaves of absence
to employees with new children -- whether newborn or adopted --
or for the purpose of caring for a sick child, parent, or spouse.
The new California Family Rights Act of 1991 provides for leaves
of up to 16 weeks every two years. Employees already entitled to
4 months of pregnancy leave under California law may take an
additional month to care for a newborn child.
Under the Family Rights Act, if need for such a leave is fore-
seeable, the employee must give the employer reasonable advance
notice and, where possible, must make reasonable efforts to
schedule the leave to avoid disruption of the employer's oper-
ations. An employer may require, or the employee may choose, to
apply accrued vacation or other accrued paid or unpaid leave time
to the family leave. Employees may NOT use sick leave during the
leave period unless both the employer and employee agree to it.
During the period an employee is taking family leave, he or she
is entitled to continue to participate in health plans, retire-
ment plans and supplemental unemployment benefit plans of the
employer, if any; but the employer may require the employee to
pay health insurance premiums at the group rate and need not
contribute to retirement plans for the employee during the leave
period.
Upon returning from such a leave, the employee is entitled to
the same or a comparable position as prior to the leave.
An employer is not required to grant leave in certain situations,
such as the following:
. where the child's other parent is also taking
family leave or is not employed;
. where the employee is one of the five highest
paid employees, or among the top 10% of employees,
in terms of gross salary; or
. where the leave, if granted, would result in undue
hardship to the employer's operations.
@CODE:OF
@CODE: HI
NEW HAWAII FAMILY LEAVE LEGISLATION
New Hawaii legislation in 1991 requires companies with 100 or more
employees to provide a total of 4 weeks per year of "family leave"
upon the birth or adoption of a child, or to care for a child, spouse
or parent with a serious health condition. The leave can be paid or
unpaid, or a combination of both. Leave time may not be accumulated
from year to year. Employees must have been on the job 6 months to be
eligible for such leave. The employer or employee may elect to use
accrued sick leave or vacation time as part of the mandated family
leave.
@CODE:OF