California paid family leave: {beginning July 1, employees are allowed six weeks off--with partial pay--to care for a newborn or other family member. Here's how employees & employers can prepare}.

• Author: Wimmer, David A.

Bob has worked full time for his employer for a little more than five years. It's Aug. 1, 2004 and his wife calls and tells him the bad news--their son has cancer. The doctors are confident they can treat the disease, but treatment must begin immediately--and someone will have to care for their son and administer the medications during the ongoing treatment. Since Bob's wife makes more money than he does, they decide he will take time off from work. The problem is that without his salary, there is no way for them to afford the rent. He wonders how they will manage, but remembers a posting he saw in the break room at his office about something called paid family leave.

In 2002, Gov. Davis signed SB 1661--which created the nation's first state governed the paid family leave entitlement. At its core, the Paid Family Leave Act gives eligible employees up to six weeks (within a 12-month period) of partial wage replacement when taking a leave for one of the following:

* To care for a seriously ill child, spouse, parent or domestic partner. (Note, however, that paid family leave is not available for an employee's own serious health condition);

* To bond with a newborn child; or

* To bond with a minor child in connection with the adoption or foster-care placement of that child.

For an employee like Bob to qualify for paid family leave because of a family member's serious illness, the family member must have a certified illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice, residential health care facility, or continuing treatment or continuing supervision by a health care provider.

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HOW IT WORKS

Paid family leave is administered by the state Employment Development Department's Disability Insurance branch. Employees taking leave for one of the above specified reasons can apply for the program by completing an EDD claim form. The forms were scheduled to be available April 2004.

In this example, since Bob's leave is to care for a seriously ill family member, he also must have his son's health care provider complete a certification form--signed by the provider and the employee--which includes information about the illness' severity and the expected duration of the family member's need for physical or emotional support from the employee.

Besides physicians, the state also allows the following health care providers to certify paid family leave: licensed medical or osteopathic...