Leaves
What is FMLA?
“The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.”(dol.gov). FMLA is an enactment of the federal government. It is unpaid leave, but employees may use accrued paid leaves to continue to get a paycheck while off on FMLA in many instances. Please see your HR Employment Services specialist for assistance with your specific situation.
What is CFRA?
“The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child.” (dfeh.ca.gov). This is California’s version of FMLA described above, and it is very similar to FMLA. However, CFRA provides some extra protections and/or entitlements to California workers. Please see your HR Employment Services specialist for assistance with your specific situation.
Does the County Office provide any other leave assistance for an employee with a major life event but no more sick time or vacation time?
Yes, the employee may qualify for the Catastrophic Leave program if the major life event is a catastrophic illness or injury which incapacitates them or a family member for an extended period and the employee has exhausted all paid leaves of absence.
In other situations, the employee may also request an unpaid leave of absence to address this life event.
What should I do if a recent and sudden change in my life has caused me to need additional support at work which may include a change in my work environment?
All SCCOE employees can submit a request for reasonable accommodation with the Human Resources department when a disability may restrict their ability to work. A reasonable accommodation is any potentially necessary change to how your job is completed or a change in your work environment that allows a qualified person with a disability to perform the essential functions of their job. These accommodations are considered reasonable if they do not create an undue hardship or a direct threat to the organization.
What type of accommodations are generally considered reasonable?
- Change in job tasks or assignment
- Improve accessibility in the work area
- Change in work area or location
- A change in the training materials or presentation
- Provide or adjust a product, equipment or software
Could I request an accommodation if the sudden life event I’m experiencing is not my own medical disability?
Yes. SCCOE strives to support employees faced with unexpected life events or other extenuating circumstances that may impact their job. In such situations, contact Human Resources and also notify your supervisor, if possible. Human Resources will review your request with a process similar to the ADA process described above, and Human Resources will explore possible options available to you.
How do I begin this process if I need reasonable accommodations?
Each request for a reasonable accommodation needs to be considered on an individual and case by case basis. Once you disclose the information / request to the Human Resources department, an interactive process meeting will be scheduled with Human Resources to determine any reasonable accommodations that you may need in order to complete your job’s essential functions. It will be beneficial to have any outside documentation related to your request ready to provide to Human Resources for the interactive process.
What are some possible outcomes of the Interactive Process?
- Employee may state that no accommodation is needed
- Employee identifies new restrictions
- Employee declines proffered accommodations
- Employee requests accommodations
- Employer offers temporary accommodations on a trial basis
- Employer determines that the accommodations cannot be accommodated
- Parties determine that more information is needed