Seyfarth Synopsis: It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” Although courts have recognized the right of an employer to have legitimate work rules that prohibit alcohol use in the workplace, the line between having
Seyfarth Synopsis: When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map.
Remember that early TV sitcom “Leave It To Beaver,” starring Jerry Mathers as the Beaver? “The…
Seyfarth Synopsis: Governor Jerry Brown has till October 15 to approve bills the Legislature sent to his desk by its Friday, September 15, deadline, including bills that would require employers to ”show us the money” for certain employees and to make “mum be the word” for an applicant’s past conviction history.
The 2017 California Legislative…
New guidance on how to comply with the California Family Rights Act (CFRA) is nigh.
On January 13, 2015, the California Fair Employment & Housing Council approved revised regulations interpreting the CFRA, attached here. Procedurally, the regulations now go to the Office of Administrative Law (OAL) for additional consideration and eventual …
By: Lindsay Fitch
Just when you thought you finally understood employee rights and employer obligations under the Family and Medical Leave Act (“FMLA”), you realize that you are in California, where employee privacy rights loom large and the California Family Rights Act (“CFRA”) also comes into play. Although both laws are intended for the same purposes—to provide employees of larger employers with protected time off for various medical conditions and family situations—the CFRA tightens the reins on the information available to the employer. Of course you want to give your employees what they need, but you also want to make sure the request is legitimate.
So, as a California employer, what are you entitled to ask your employee about the need for CFRA leave? Far less than under the FMLA, it turns out. You can ask:
→ Is the employee qualified? Under both the FMLA and CFRA, employees are qualified for leave when they have a serious health condition or when they need to care for a family member with a verified serious health condition. A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves one of the following:
- Hospital care
- Absence (incapacity) plus treatment
- Chronic conditions requiring treatment
- Permanent/long term conditions requiring supervision
- Multiple treatments for certain (non-chronic) conditions
- Pregnancy (a serious health condition under FMLA, but not under CFRA)
→ How Should I Know? I’m Not a Doctor. Fortunately, you can require a medical certification to verify the serious health condition, which must include some specific information to be sufficient.…