October 19, 2017

Small Employer Baby Bonding Leave Becomes Effective in California on January 1, 2018

Effective January 1, 2018, employers with 20 or more employees must offer FMLA-like baby bonding leave under the newly enacted New Parent Leave Act.



Now, employers with at least 20 employees within a 75-mile radius must permit eligible employees up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. Employees are eligible if they have more than 12 months of service with the employer, have worked at least 1,250 hours in the previous 12-month period, and work at a worksite with 20 or more employees within a 75-mile radius. Employees who take such baby bonding leave must be guaranteed the same or a comparable position upon returning from the leave.

Although the leave is unpaid, employees are entitled to use accrued vacation, sick leave, or paid time off.
 
Employers must maintain and pay for group health insurance for an employee taking parental leave to the same extent and under the same conditions that coverage would have been provided had the employee not taken leave. However, in some circumstances, if the employee fails to return from leave, the employer may recover the premium that it paid for maintaining group health insurance.
 
If both parents work for the same employer, the employer need not grant more than 12 combined weeks of leave; the employer may, but is not required to, grant simultaneous leave to both employees.
 
Employers may not discriminate against an individual for exercising the right to parental leave or giving information or testimony as to parental leave, and may not interfere with, restrain, or deny the exercise of rights under the New Parent Leave Act.

Article Written By: Jenn Protas
Article Published In: Hoge Fenton Employment Update
Article Spotted By: Alison Peters

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