Common use of Federal/State Family Care/Medical Leave Clause in Contracts

Federal/State Family Care/Medical Leave. The Association and District recognize the following: (1) enactment of the federal Family and Medical Leave Act (FML, 29 U.S. Code Sec. 2601 et seq.) and the California Family Rights Act (referred to as the California Family Rights Act – CFRA, Government Code 12945.2) in the early 1990’s provided mandatory regulation of several benefits already contained in the collective bargaining agreement between the Association and the District; and (2) several of the federal and state laws are inconsistent with current contractual provisions. To the extent current contractual provisions provide benefits in excess of benefits provided by the federal FML and the state CFRA, the contractual provisions remain effective, subject to future negotiations. To the extent current contractual provisions provide benefits less than the minimums mandated by the FML and the CFRA as amended, the federal and state laws shall prevail. In any event, the implementation regulations contained in the federal FML and state CFRA (including but not limited to those stated below) shall apply to Leave under paragraph 8.9, above, for Family Care, and to Childcare Leave in paragraph 8.2, above. In combination, the FML and CFRA laws provide at least the following:

Federal/State Family Care/Medical Leave. The Association and District recognize the following: (1) enactment of the federal Family and Medical Leave Act law (FML, 29 U.S. Code Sec. 2601 et seq.) and the State of California Family Rights Act Care and Medical Leave law (referred to as the California Family Rights Act – CFRAFCML, Government Code 12945.2) in the early 1990’s provided mandatory regulation of several benefits already contained in the collective bargaining agreement between the Association and the District; and (2) several of the federal and state laws are inconsistent with current contractual provisions. To the extent current contractual provisions provide benefits in excess of benefits provided by the federal FML and the state CFRAFCML, the contractual provisions remain effective, subject to future negotiations. To the extent current contractual provisions provide benefits less than the minimums mandated by the FML and the CFRA as amendedFCML, the federal and state laws shall prevail. In any event, the implementation regulations contained in the federal FML and state CFRA FCML (including but not limited to those stated below) shall apply to Family Care Leave under in paragraph 8.9, above, for Family Care, and to Childcare Leave in paragraph 8.24(b), above. In combination, the FML and CFRA FCML laws provide at least the following: