Paid FMLA in California and Certification

Paul in Cannon Beach

I have heard that the new family temporary disability insurance in California does not require certification. Is that true? Anyone in California who has heard that?

Thanks!

Paul

Gillian

From Ca. - there is probably a misconception going around about how this leave will be paid. Employers will not pay $$ directly to employees, but through an already existing state disability fund which pays $$ when an employee is ill. If the new benefit is paid the same way as is currently paid when an employee is ill the fund first sends the employer a notice that the employee has applied for benefits. The employer then certifies the last day of work and states any $$ that the employee is receiving from the employer. I don't know what the fund does to verify that the medical condition of the employee. Independently of this, an employer who is covered by family leave (including the state version) will require the usual family leave certification. Unless I am told otherwise, we will do the same thing - if an employee wants to have leave to take of family members, we will require the family leave certication process to take care of our needs. How the disability fund will verify that a family member is ill I don't know. The first benefits will not be paid until January, 2004 which leaves time for the administrative details to be worked out - I hope.

San Francisco

The information that I have received indicates that the program will be administered by the California Department of Employment Development. That's a little scary. To be eligible, employees mus provide a ceriftication to EDD establishing that a serious health condition of a child, parent, spouse or domestic partner "warrants the participation of the employee to provide care. While it does not specifically state, I am assuming that the certification is the same or similar to the one we now use. There is also a 7 day waiting period before benefits will be paid, same as SDI.