PHRca Flashcards Set #4 (Terms 151-205)

Explains the employee's right to
collect partial wage replacement
through the SDI system during time
away from work to bond with a
newborn baby, adopted or foster child
(both parents) or to care for a
seriously ill parent, child, spouse or
registered domestic partner.

This form is to be sent to the
Franchise Tax Board (FTB) if the
employee claims more than 10
withholding allowances or the
employee claims to be exempt from
state or federal income tax
withholding.

Advises new hires of their right to
continue health care from their
previous employer and their right to
privacy regarding personally-
identifiable health information.

The separate forms are for companies
that provide health insurance and for
those that do not provide health
insurance.

This form provides information about
the new employee's wages and
employer.

Provides information on
Unemployment Insurance, Disability
Insurance, Paid Family Leave, and Job
Service benefits available to the
employee.

A California program that requires all
employers to provide exiting
employees with notice of a state
program that pays COBRA payments
under certain circumstances.

Small California employers with one to
forty-nine full time equivalent
employees can purchase health
insurance through a Small Business
Health Options Program (SHOP).

Small businesses need to have at
least __________________ in order to
purchase their coverage as the
employer, and need to have at least
51% of its workforce located in the
State of California.

Requires all health insurance
providers to extend coverage to
registered domestic partners as it
does to spouses.

Under Cal-COBRA, employees are
offered up to __________________, where COBRA offers may be limited to
only eighteen (18) months.

Cal-COBRA allows employees who are
at least sixty (60) years old and have
worked at least five (5) years with their
last organization to ________________ .

Under CFRA, eligible employees are
entitled to ______________________________
for their own serious health condition,
to care for a family member's serious
health condition, or to bond with a
newborn, a newly adopted, or newly
placed foster child.

Under California law, pregnancy
disability, which is covered by FMLA)
is not covered by CFRA, since
California has Pregnancy Disability
Leave (PDL).

Employees utilizing time to bond with
a new child (biological, adoptive, or
foster) must use their available CFRA
leave within _________________ .

Under CFRA, employers may require
that an employee take new child
bonding in _____________________. However,
they must allow two (2) instances
where they allow time to be taken in
less than two (2) week increments.
Under FMLA, employers have greater
liberty to require employees to take
time in specific increments.

Employees who work for
organizations with at least _______________, and who
becomes disabled because of their
pregnancy, childbirth, or related
medical condition are entitled to up to
four (4) months of job protected leave.

A full-time employee is entitled to
days PDL per pregnancy with doctor's certification.

Unlike CFRA/FMLA, employees are
as soon as they
are hired, and are certified by their
doctor as unable to perform the
essential functions of their job. There
are no other length or hours worked
requirements.

Employees out on PDL or CFRA are
entitled to be reinstated to the same
position with the same benefits and
seniority as they had prior to taking
their leave, and afforded all benefits
they would have expected had they
remained employed. In some specific
scenarios, reinstatement to a
comparable position is applicable.

Under California law, employers are
required to provide a reasonable
amount of time for _________________
to express breastmilk during the
workday.

Employers should do everything in
their power to allow injured employees
the time off to recover from their
workplace injury or illness.

Employers can violate Labor Code
if they terminate or discriminate against an
employee for filing a Workers'
Compensation claim.

California employers with at least twenty-five employees need to be
accommodating to employees who voluntarily decide to enter a _____________________;
as long as the leave does not create an undue hardship for the employer.

Pregnancy leave is required only when
a woman is actually disabled by her ____________.

1) There is a possibility of future harm
to the person or to others 2) That
employing individuals with a disability
will cause an employer's insurance
rates to rise.

Submit the Complaint to the DFEH.
Employees who feel that they have
experienced unlawful harassment or
discrimination, and have exhausted
the available remedies through their
employer, if applicable, can submit
their complaint online, over the phone,
in person, or through the mail.

If the investigation does not show a
violation of the law, the DFEH will _____________ .

If the investigation does show a
violation of the law, it will attempt to
settle the case using a formal __________________ process.

When adverse action is taken against
and employee for reporting
information that is either a violation of
state orfederal law, or noncompliance
with local, state, or federal regulation.

To avoid running afoul FEHA laws, an
employer must be able to show that
the particular pre-employment test is _____________
(i.e., has a manifest relationship to the employment position).

Division of Occupational Safety and Health

The California Division of
Occupational Safety and Health
(DOSH) is commonly (although
incorrectly) referred to as Cal/OSHA.
DOSH sets the standards for
workplace safety in California.

Requires every California employer to
have an effective Injury and Illness
Prevention Program.

The purpose of the ________________
is to fulfill the
expressed social public policy of the
State of California to make full
provision for securing safety in places
of employment.

General Industry Safety Orders

_______________ improves
conditions for California's workers
and advances opportunities for
employers. DIR has four divisions and
six commissions, boards and
programs.

Department of Industrial Relations

This board handles appeals from
employers regarding citations issued
by DOSH for alleged violations of
workplace safety and health laws.

The standards-setting body under
Cal/OSHA and has the authority to
grant or deny applications for
variances from adopted standards and
respond to petitions for new or
revised standards.

Generally the lead state agency for
emergency management in California.

Comply with all Cal/OSHA rules,
regulations and standards, follow all
lawful employer safety and health
rules and use all required personal
protective equipment while working.

A Cal/OSHA program that identifies
certain high-hazard employers and
requires them to pay a fee to fund a
special inspection unit. Cal/OSHA also
offers other consultation services to
help businesses avoid investigations
and costly fines.

Targeted Inspection and Consultation Program

Outlines steps that can be taken to
develop an effective program that
helps assure the safety and health of
employees while on the job.

Injury and Illness Prevention Program

The most important element in a safety program.

Record each injury or illness on the
Cal/ OSHA Log of Occupational Work
Related Injuries and Illnesses.

Prepare an Injury and Illness Incident
Report or equivalent, such as
California's DLSR Form
5020(Employers Report of
Occupational Injury or Illness).

Summary of Work-Related Injuries and
Illnesses must be posted no later than
February 1 until April 30th.

Employers Report of Occupational
Injury or Illness

Division of Labor Statistics and
Research

All fatalities and serious injuries and
illnesses in California must be
reported to the DOSH as soon as
possible, but ___________________ incident.

Cal/ OSHA standards concerning toxic
substances and hazardous exposures
require records of employee exposure
to these substances and sources,
physical examination reports,
employment records, and other
information.

The term unisex public toilets, also
called gender-inclusive, gender-
neutral and mixed-sex or all-gender
toilets, bathrooms or restrooms, refers
to public toilets that are not separated
by gender or sex.