The World of Computer Software/World_Of_Computer_Software-02-385-Vol-1of3.iso/s/sbadv64a.zip/F132.SBE

Text File | 1992-12-01 | 5KB | 106 lines

@079 CHAP 9

        ┌───────────────────────────────────────────────┐
        │   FEDERAL AND STATE FAMILY LEAVE LEGISLATION  │
        └───────────────────────────────────────────────┘

Congress has attempted twice since 1990 to enact
a parental and family leave act.  Previously the legisla-
tion passed, but was vetoed, but President Bush's veto was
barely sustained.  This time, as we ready this release of
the program, Congress has just passed another family leave
bill, and the President is threatening to veto it again,
and appears to have enough votes to prevent override of his
veto.

This act, or similar legislation, is almost certain to
come up again, and is likely to pass sooner or later,
especially with polls showing 83% of the population sup-
port such a bill.

If passed in its present form, this legislation would re-
quire 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 back-
ing 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
preempts 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 since January 1, 1992, California businesses
that employ 50 or more workers are required to grant un-
paid 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 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
foreseeable, 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 operations.  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,
retirement 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 situ-
ations, 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 combina-
tion 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