Leaves

Are you unsure whether you need a leave, accommodation, or other option? HRLeaves is here to assist you with this process. If you have questions or would like to set up a meeting/call to discuss your situation, please email HRLeaves.
 

Purpose - The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are laws that can each guarantee you up to 12 weeks of job protected unpaid leave within respective 12-month periods for a serious medical condition for you or your qualifying famly member.

There are two aspects of leave that are important to understand: job protection and non-work income replacement. How you are paid depends on your own leave balances (sick, vacation, etc.), as well as your eligibility for income replacement through:

• Workers' Compensation (WC), if the injury occurred on the Job.
• Workers' Compensation (Temporary Disability) - Temporary Disability Workers' Compensation payments are made when an injury or illness is accepted as work related. Temporary Disability payments are made direct to the employee by Tristar the County's Third-Party Administrator. Payments are approximately 2/3 of an employee's average weekly wage up to the State maximum and may last up to two years.
• California's State Disability Insurance (SDI)*, if illness or injury is not job related.
• State Disability (SDI) - SDI provides affordable, short-term (up to one year) benefit to eligible workers who suffer a loss of wages when unable to work due to a non-work-related illness or injury, or due to pregnancy or childbirth. SDI does not pay for the first 7 calendar days of the disability. If SDI approves your claim, you will receive up to 55% of your weekly salary for a maximum of 52 weeks. Benefits may be generated within 15 to 21 days after submitting the SDI claim, assuming all the necessary information is provided.
• Family Leave (PFL)*, for illness or injury of family member.
• Paid Family Leave (PFL) - PFL was established for workers who suffer a loss of wages when they need to take time off from work to care for a seriously ill child, spouse, parent, registered domestic partner, or to bond with a new child. It pays up to six weeks of benefits.

*The SDI and PFL programs are funded through payroll deductions. Note: Most but not all, County employees are covered. Check your union's MOU or call an HR Benefits representative to find out if you are eligible to file a claim for SDI.

Tutorials on How to Register and File a Claim

• State Disability Insurance Online Informational Tutorials and Videos.[External]
• Other Questions? Ask EDD.[External]

• Long Term Disability (LTD) - This insurance is an optional plan that you may choose at the time of hire and pays benefits only if you are unable to work for 90 days or more. The Base LTD plan pays 66.67% of monthly earnings up to a cap of $3,000 and the High LTD Plan pays 66.67% of monthly earnings to a cap of $5,000. Benefits may be reduced by other payments you receive, such as SDI.
• Employee Responsibilities While Receiving Workers' Comp, SDI, PFL or LTD - It is not lawful to receive disability benefits AND a full paycheck. The total compensation received by you (paycheck + disability) cannot exceed 100% of standard base salary. Therefore, you must work with your department Payroll Person and the Department of Finance, to properly integrate disability benefits with your County paycheck. This is called integration.

Integration of Disability Benefits

Integration is a method of combining your paid time off (accruals) with disability benefits during a medical leave of absence. State Disability Insurance (SDI), Paid Family Leave (PFL), and Temporary Disability under Worker's (TD) all provide partial wage replacement during a medical leave of absence. It is not lawful to receive disability benefits and a full paycheck. Your total compensation (paycheck + disability) cannot exceed 100% of your standard base salary.

Employee Responsibilities

As soon as you receive a notice of benefits from SDI, PFL, or TTD (debit card, statement or check), you must coordinate with your department payroll technician(s) to provide a copy for the purpose of payroll integration. Typically, you will receive a new statement biweekly or monthly, so this will be a recurring responsibility during your leave of absence.**

**If your individual medical circumstances prohibit you from carrying out these responsibilities, please call your HR Benefits Representative without hesitation to make alternative arrangements.

The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) prohibit employment discrimination against qualified applicants and employees on the basis of disability.  In accordance with the law, it is the policy of the County of Marin to provide equal employment opportunities to qualified individuals with disabilities. The County will engage in a timely, good-faith interactive process with any qualified employee or applicant who requests reasonable accommodation.

Who is a Qualified Individual?

The law covers qualified applicants and employees with disabilities.  A qualified individual with a disability is defined as an individual with a disability who meets the skill, experience, education, or other job-related requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the job with or without reasonable accommodation.
A person with a disability is an individual who:

• has a physical or mental impairment that substantially limits a major life activity;
• has a record of such an impairment which is known to the employer;
• is regarded by the employer as having, or having had, such an impairment; or
• is regarded by the employer as having, or having had, a disorder or condition that has no present disabling effect, but that may become a disability.

Impairments that require special education or related services can also be disabilities.

Major life activities include seeing, hearing, breathing, walking, speaking, learning, working, caring for oneself, performing manual tasks, lifting, and other major physical, mental and social activities.

Requesting an Accommodation

In general, a qualified person with a disability is responsible for making their disability-associated limitations known and requesting accommodation when needed.  Due to privacy laws, the County is subject to strict limitations regarding inquiries about an individual’s disability.

An employee or applicant may submit a request, either verbally or in writing, to their supervisor or manager, Department Head, or directly to the County’s Human Resources Department.  Documentation from an appropriate medical provider may also be required to provide verification of the disability-associated limitations. 

The Interactive Process

When a request for accommodation is made, the HR representative and the individual making the request shall engage in a good faith interactive process to determine what, if any, accommodation might enable the individual to perform the essential functions of the job. During the interactive process, a variety of possible accommodations may be discussed.

While each request for accommodation is unique and individual cases vary, steps in the process may include, but are not limited to the following:

• HR requests additional information from the individual and his/her medical provider regarding the disability-associated limitations and the need for accommodation;
• HR and qualified individual identify possible accommodation(s) that would effectively enable the individual to perform the essential functions of the position, or otherwise enjoy equal benefits and privileges of employment;
• HR assesses effectiveness and reasonableness of each accommodation option;
• HR conducts discussion with department;
• The County notifies individual of accommodation determination and implements accommodation determined to be most appropriate.

If you need help filling out the form or have questions about the process, please call Human Resources at 415-473-6104.