Q & A : Family Leave Primer for Workers and Employers
Laurel Stemper knows first-hand why the nation needs a family leave bill. She was fired from her job as vice president of an Atlanta insurance company after returning from a three-month maternity leave three years ago. It took her 10 months to find another full-time job.
“If you want to know how many people this happens to, look at how many of the women standing in unemployment lines are holding newborns,” she says.
Harvey Goldstein disagrees. As the managing partner of Singer, Lewak, Greenbaum & Goldstein, a mid-sized West Los Angeles accounting firm, Goldstein says he’s seen how government regulations can cripple entrepreneurial ventures.
“Most small businesses are hanging on by their fingernails,” he says. “If you want successful businesses, you don’t keep adding to their burden.”
Overcoming polarized opinions such as these, both houses of Congress and President Bill Clinton approved sweeping family leave legislation this week that will guarantee full-time workers up to 12 weeks of unpaid leave in medical and family emergencies.
How will the new law affect you as a worker or employer? Here are some questions and answers.
For Employees
Q: Who can take a family leave?
A: Employees who have been on the job for a year--and have worked at least 1,250 hours in the last year--who need time off to handle the birth or adoption of a child; their own serious illness, or the serious illness of a parent, spouse or child.
Q: Can I take time off to care for my husband’s ailing mother?
A: No. Your husband can. You can only take time to care for your own parents.
Q: Are there people who aren’t entitled to leave under the new law?
A: Yes. If you work for a company that has less than 50 workers, the law does not apply to you. Also, if you are one of the top wage-earners at the company and your absence would cause “serious and grievous injury” to the firm, you may be denied a family leave.
Q: How much time can I take off?
A: Up to 12 weeks per year.
Q: When does this go into effect?
A: Aug. 5.
Q: Will I be paid for the time off?
A: No. These leaves are unpaid, but the company will maintain whatever benefits you had before you left.
Q: Can I collect unemployment insurance while on a family leave?
A: No. If your leave is the result of pregnancy and you have disability insurance, you would get your normal disability insurance payments. But you would not be eligible for any government entitlement payments--such as unemployment, Medicare or food stamps.
Q: How much notice do I need to give my employer?
A: For planned events, such as maternity leave, you need to give your employer 30 days’ notice. There is no notice requirement for emergencies.
Q: Do I need to document my illness or the illness of a family member?
A: Yes. You’ll need what amounts to a note from your doctor. If your employer has reason to doubt the veracity of your doctor’s statement, the company can send you (or your relative) to another doctor for a second opinion. If those two opinions conflict, you and your employer must agree on a third doctor. That doctor’s diagnosis will be final.
Q: Who’s going to pay for all those medical exams?
A: The first one is your responsibility. But if your employer asks for a second or third opinion, the employer will have to pay.
Q: What if I qualify for a leave, but my employer denies it?
A: Employees have two options. They can take the employer to court and sue under the Family Leave Act. Or they can bring their complaint to the Department of Labor, which will investigate and try to resolve the dispute for you.
Q: California already has a family leave law that provides up to 16 weeks off every two years. How does the federal act affect Californians?
A: In most provisions, the California law is similar to the federal law. But the federal law would ultimately allow you more time off in a two-year period.
For Employers
Q: What are my responsibilities under the Family Leave Act?
A: If you have more than 50 full-time workers, you must allow most workers to take these unpaid leaves. Workers’ benefits must be maintained, and they must be allowed to return to their old job or an equivalent job. You also must post a notice of workers’ rights under the law and keep records showing how you have complied.
Q: What is an “equivalent job?”
A: One with equal pay, benefits and other terms and conditions of employment, such as hours and responsibility.
Q: What sort of documentation do I need to show that I am complying with the law?
A: That hasn’t been decided. Most experts expect that a standard form will be developed; that form, along with a doctor’s certification of illness, probably will be kept in employee personnel files.
Q: What is this law going to cost me?
A: That is impossible to say. Different studies have come up with widely disparate cost estimates--ranging from 97 cents per week to $97.78 per week. Some studies suggest that family leave could save companies money by improving employee retention. The cost to individual employers will vary, based on who takes leaves and whether they return after 12 weeks.
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