PHRCA Leaves of Absence and Benefits Questions and Answers Flashcards

Under California's New Parent Leave Act (NPLA), which employers are required to provide parental bonding leave?

Answer: Employers with 5 or more employees

As of January 1, 2021, CFRA (which absorbed NPLA requirements) applies to employers with 5 or more employees for parental bonding leave.

An employee on CFRA leave requests to continue their health insurance coverage. What is the employer required to do?

Answer: Maintain group health coverage under the same terms as if the employee were still working

Employers must maintain group health insurance coverage during CFRA leave on the same terms as if the employee had continued working.

Which of the following scenarios qualifies as a 'serious health condition' under CFRA?

Answer: A condition requiring an overnight stay in a hospital

A serious health condition under CFRA includes any condition requiring inpatient care (an overnight stay) in a hospital, hospice, or residential medical facility.

What is the interaction between California SDI benefits and an employer's voluntary short-term disability plan?

Answer: Employers can apply for a Voluntary Plan (VP) that replaces SDI if benefits are at least equal

California allows employers to establish a Voluntary Plan (VP) as an alternative to SDI, provided the plan offers benefits that are at least equal to or better than SDI.

An employee exhausts their 12 weeks of CFRA leave and still cannot return to work due to a disability. What additional protection might apply?

Answer: The employer may need to provide additional leave as a reasonable accommodation under FEHA

Under FEHA, additional unpaid leave beyond CFRA may be required as a reasonable accommodation for a qualified individual with a disability, unless it creates an undue hardship.

Which California law specifically protects employees who take time off to serve as organ or bone marrow donors?

Answer: California Labor Code Sections 1508-1510

California Labor Code Sections 1508-1510 require employers with 15 or more employees to provide paid leave for organ donation (up to 30 business days) and bone marrow donation (up to 5 business days).