Seyfarth Synopsis: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San Francisco-style lactation-accommodation requirements. Governor Newsom also vetoed a few bills that we might expect to be re-introduced in the same or similar form
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear that it may be possible to request employees to undergo a medical examination to certify their…
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: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of employee leaves for elective medical procedures.
California employers who administer employee leave laws navigate a complicated labyrinth. Employers must consider interactions among federal…
Seyfarth Synopsis: Many employers have “no fault” attendance policies in place to manage employee absenteeism. Are these policies putting California employers on shaky ground? Read on….
“No fault” attendance policies are one popular method among employers to, with consistency, counsel, discipline and, in some instances, terminate employees who rack up excessive absences. Under these policies,…
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 …
From the promontory of the first full week in January, we look out over the California employment law landscape and offer our fearless predictions for the coming year.
- State enforcement agencies are on the prowl. Employers are increasingly finding themselves the targets of California enforcement agencies, particularly the Department of Fair
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.…
Employers usually reserve the right to approve in advance when their employees can schedule requested vacation time. But can an employer with a garden-variety vacation/PTO policy (i.e., non-union, non-ERISA) ever require employees to use accrued vacation or PTO for an otherwise unpaid absence from work?
Consider the following commonly occurring scenarios:
1. Sally needs to take a leave of absence to care for her ailing father.
2. Mike needs to take a leave of absence to deal with his own disabling medical condition.
3. Pregnant employee, Marcia, just found out she is ordered to bed rest for the remainder of her pregnancy.
4. Frank announces his plan to retire. Then his supervisor makes her own announcement: Frank must use his vacation now, before his resignation is effective.
5. When the company closes for the last week of the year, all employees must use their vacation or PTO time.
Remember the Rules:
Reasonable restrictions can be things like:
✓ Only full-time employees are eligible for vacation
✓ No one is eligible to accrue vacation until completing 90 days of employment
✓ Vacation can be taken in minimum increments of, say, 4 hours or 1 day …