June 2010 - Monthly Insurance Q&A

Q: How do you qualify for FMLA?Q: Do I qualify for CFRA if my company has 10
A: To qualify for FMLA:employees in our office, but our sister company has
• You must be employed for the past 12 months,50 employees?
prior to FMLA leaveA: This depends on whether the sister company is
• Work 1250 hourswithin 50 miles of where you are working. Is there any
• Work for a company with 50 or more employeesof the following: common management, degree of
• Work within 75 miles of your office or work sitecommon ownership/financial control, any interrelation
Q: Do you get paid during FMLA?between operations? This is from the Federal Register
A: No, this is a job protected leave and your employerpage 68075, for your reference. If the answer is yes
has no obligation to pay you. Many employers will allowto all, then the answer would be yes you do have
you to use vacation pay. I would call a labor attorneyFMLA rights. I would call a labor attorney and confirm
and confirm with them what rights you may have.with them what rights you may have.
Q: Who is protected under the Americans withQ: Are grandparents entitled to CFRA?
Disabilities Act?A: Yes and no, if it is to care for an injured military who
A: All people with a physical or mental impairment thatwas injured while on active duty and you are the only
substantially limits one or more major life activities (i.e.next of kin who can care for him or her then probably
sitting, standing, or sleeping) is protected under ADA. Iyes. See page 68079 of the Federal Register which
would call a labor attorney and confirm with themspeaks to FMLA, which models CFRA. Also, if you
what rights you may have.have been acting in loco parentis, meaning you are
Q: What are my rights while filing for disability?raising the child, not the parents, you may qualify under
A: This is a broad question. If you are injured on theFMLA. I would call a labor attorney and confirm with
job, depending on the state, you have certainthem what rights you may have.
protections. If you are on maternity leave, you canQ: How much is liability insurance for $1 million?
have 12 weeks of job protected leave under FMLAA: This totally depends on if it is general liability, $1K or
and more depending on the state. If you are notless, assuming a white collar business. If it is Medical
pregnant and do not file a worker's comp claim, youMalpractice Insurance the range can be as low as $2K
are likely entitled to 12 weeks of job protected leaveto the highest we have seen in CA in the standard
under FMLA. Lastly, if your disability is covered undermarket at $90K. For a low risk profession, single, with
ADA your employer under certain circumstances mayless than $2 million in revenue it is $3500; to a high risk
have to keep your job open indefinitely. Always checkprofession (i.e. insurance brokers) at $6K. The highest
with a labor attorney. Odds are you have multiplewe have seen for $1 million of coverage was $125K.
areas of protection and therefore rights.