Tuesday, May 21, 2013

Will California Mandate Paid Family Leave

Several years ago the state enacted paid family leave.  It wasn't really a leave.  It was a means by which an employee could get paid while on an unpaid leave of absence for family reasons.  It did not mandate that employers provide time off.  But if an employer did provide time off, the employee could apply to EDD, much like unemployment, for replacement wages for 6 weeks.

I recall the push for the paid family leave.  We were told that only employees paid into the leave.  We were also told that an employer was under no obligation to give the time off.  Only employers of 50 or more workers were obligated to give employees time off under the FMLA or CFRA.  Smaller employers would not be burdened with a leave obligation.

Now, several years later our legislators are demanding that all employers provide time off, with a guaranteed reinstatement right.  You can read about SB 761 here.  Another burden. Another obligation.  Another basis for a lawsuit.  It's only fair ... Right?

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