PHRca Leaves of Absence and Benefits 3 — Questions and Answers
Question 1: Cal-COBRA allows qualified beneficiaries of small group health plans (2–19 employees) to continue coverage for how long?
- 18 months
- 24 months
- 36 months (Correct answer)
- 12 months
Correct answer: 36 months
Cal-COBRA (Insurance Code Section 10128 et seq.) provides qualified beneficiaries of small group plans up to 36 months of continuation coverage, exceeding federal COBRA's 18-month maximum.
Question 2: During Pregnancy Disability Leave, what obligation does an employer have regarding the employee's group health coverage?
- No obligation — the employee must elect COBRA
- Must maintain coverage only for the first 12 weeks of PDL
- Must maintain group health coverage under the same terms as if the employee continued working (Correct answer)
- Must pay 50% of the employee's premium during leave
Correct answer: Must maintain group health coverage under the same terms as if the employee continued working
During PDL, the employer must continue the employee's group health benefits under the same terms and conditions as if she had remained actively employed.
Question 3: What is the deadline for filing a California Paid Family Leave (PFL) claim with the EDD?
- 30 days from the start of leave
- 41 days from the first day of wages lost due to qualifying leave (Correct answer)
- 60 days from the qualifying event
- 7 days before the leave begins
Correct answer: 41 days from the first day of wages lost due to qualifying leave
PFL claims must generally be filed within 41 days of the first compensable day (first day of lost wages) to avoid claim denial.
Question 4: How is California's Paid Family Leave (PFL) program funded?
- Solely through employee SDI payroll deductions (Correct answer)
- Equally shared between employer and employee payroll taxes
- Entirely by employer payroll taxes
- Through federal unemployment insurance allocations
Correct answer: Solely through employee SDI payroll deductions
California PFL is funded entirely through employee payroll deductions as part of the SDI program; employers make no contribution to PFL.
Question 5: Which scenario meets the CFRA definition of a 'serious health condition'?
- A three-day cold that resolves without medical treatment
- Inpatient care requiring at least one overnight hospital stay (Correct answer)
- A routine annual physical with normal results
- Elective cosmetic surgery with no post-operative complications
Correct answer: Inpatient care requiring at least one overnight hospital stay
CFRA defines a serious health condition to include inpatient care in a hospital, hospice, or residential medical facility, or any condition requiring continuing treatment by a healthcare provider.
Question 6: California's Kin Care law (Labor Code Section 233) permits employees to use accrued sick leave to care for which family members?
- Spouse, child, and parent only
- Grandparents, grandchildren, siblings, domestic partners, spouses, children, and parents (Correct answer)
- Any household member regardless of relationship
- Only registered domestic partners and legal spouses
Correct answer: Grandparents, grandchildren, siblings, domestic partners, spouses, children, and parents
Kin Care covers a broad range of family members including parents, children, spouses, domestic partners, grandparents, grandchildren, and siblings — mirroring California's HWHFA definition.
Question 7: Under USERRA (which California incorporates), what is the maximum cumulative period of military service for which reemployment rights are protected?
- 2 years cumulative service
- 3 years cumulative service
- 5 years cumulative service (Correct answer)
- Unlimited, for any length of service
Correct answer: 5 years cumulative service
USERRA protects reemployment rights for employees with up to 5 cumulative years of military service with the same employer, subject to limited exceptions.
PHRca Leaves of Absence and Benefits 3
Cal-COBRA allows qualified beneficiaries of small group health plans (2–19 employees) to continue coverage for how long?