It is a full-time job just to list the leaves available to California workers, let alone administer them.  For example, California employees are entitled to industrial injury leave, ADA/FEHA accommodation leaves, California Family Sick Leave, California Pregnancy Disability Leave, FMLA/CFRA leave, Family Temporary Disability leave, Military leave, leave to appear at a child's school, leave for victims of domestic violence, leave for jury duty and court appearances, time off to vote, leave due to incarceration, use of accrued compensatory time off.  To make things more interesting, many of the leaves run concurrently – but not all do.  Several of the leaves share definitions and eligibility criteria – but they also carve out exceptions unique to applying that particular leave.

While an understanding of the leave laws is an essential guide to navigating these leave rights, its application is highly fact specific.  Thus, those charged with administering leaves must not only understand the law, but develop intimate familiarity with applicable collective bargaining agreements, city ordinances, and agency policies and procedures.  This workbook provides busy managers, supervisors, and human resources professionals with a quick reference guide through the tangled web of the leave laws applicable to California workers.  It addresses each leave separately, flagging concurrent leave issues as they arise.  Eligibility criteria, computation issues, definitions of key terms, and practice tips for administration are all addressed.  In addition, the workbook takes a broad look at the privacy issues that employers face when dealing with the myriad medical leaves available to employees in California.

Topics Include:

• California Pregnancy Disability Leave
  • Eligibility
  • Length of Leave
  • Medical Certification
  • Use of Vacation, Sick, and Differential Leave
  • Maintenance of Health Benefits
  • Notice Requirements
  • Reinstatement
  • Additional Pregnancy Disability Leave Entitlements for Academic and Classified Employees
• Family and Medical Leave (FMLA/CFRA)
  • Which Employers Are Covered by the Acts?
  • Which Employees Are Eligible for Leave?
  • How Much Leave Time Is an Employee Entitled to Take?
  • Twelve Workweeks
  • For What Reason Is Leave Permitted?
  • How Is an Employee’s Right to Leave Affected by a Spouse’s, Registered Domestic Partner’s, or Other Familial Individual’s Status or Use of the Leave?
  • What Notice Is an Employee to Give an Employer When Requesting Leave?
  • Is an Employee Required to Provide Medical Certification to Support a Request for Leave?
  • What Are an Employers’ Obligations in Granting Leave and Providing Employees with Notice of Their Rights to Leave?
  • Are Employees Entitled to Be Paid While on Leave?
  • Are Employees Entitled to Medical Insurance or Other Benefits While on Family and Medical Care Leave?
  • What Is an Employee’s Status While on Leave?
  • Family Military-Related Leaves under the FMLA
  • FMLA Leave Pursuant to the Emergency Family and Medical Leave Expansion Act
  • What Remedies Are Available to an Employee for an Employer’s Violation of the Acts?
  • What Obligation Does an Employer Have to Keep Records Pertaining to Family Care and Medical Leave?
  • How Are Employees Who Request Leave, or Otherwise Assert FMLA/CFRA Rights, Protected?
  • Coordination with Disability Discrimination Laws
  • Joint Employer Coverage
• California Paid Sick Leave Laws
  • Paid Sick Leave Law
  • Protected Sick Leave
• Sick Leave for Academic and Classified Employees
  • Academic Employees
  • Classified Employees
• Emergency Paid Sick Leave
  • Which Employers Are Covered by the Acts?
  • Which Employees Are Eligible for Leave?
  • How Much is the Emergency Paid Sick Leave Entitlement?
  • Under What Circumstances May an Employee Receive Emergency Paid Sick Leave and What is the Amount of Pay?
  • Is an Employee Entitled to Use Emergency Sick Leave Intermittently?
  • Is an Employee Required to Provide Medical Certification to Support a Request for Leave?
  • What Are an Employers’ Obligations in Providing Employees with Notice of Their Rights to Leave?
  • How Does Emergency Paid Sick Leave Interact With Existing Paid Leave Policies?
  • Carry Over and Cash-Out of Unused Emergency Paid Sick Leave
• Industrial Injury Leave
  • Industrial Accident & Illness Leave for Academic and Classified Employees
  • Labor Code Section 132a
  • Management Checklist for Avoiding Liability for Claims under Labor Code Section 132a
  • Industrial Injury Defined
  • Arising out of Employment
  • Course of Employment
  • Categories of Injuries
  • Types of Injuries
  • Presumptions of Injury
  • Workers’ Compensation and the FEHA/ADA—Dealing with the Interactions Between the Laws
• Extended Paid Illness and Injury Leave for Academic and Classified Employees
  • Academic Employees
  • Classified Employees
• Paid Family Leave (Family Temporary Disability Insurance)
  • Employee Eligibility
  • For What Reason is Leave Permitted?
  • Concurrent Use of Leave
• Catastrophic Leave
  • Overview
  • Requirements for Donating Leave
  • Donation and Use of Eligible Leave Credits
  • Adoption of Rules and Regulations
  • Collectively Bargained Catastrophic Leave Polices
• Leave as a Reasonable Accommodation
• Additional Unpaid Discretionary Illness and Injury Leave Under the Education Code
  • Academic Employees
  • Classified Employees
• Actions After Expiration of All Injury and Illness Leaves
  • Placement on the 39-Month Reemployment List
  • Employer Obligations to File Disability Retirement Application
  • Employee Status While Application Is Pending
• Medical Leaves and Privacy Concerns
• Military Leave
  • Consequences and Remedies for Violations
  • Definitions
  • Reemployment after Military Leave
  • Vacation and Sick Leave Benefits during Military Leave
  • Health Insurance Benefits
  • Retirement Benefits
  • Salary during Military Leave
• Leave to Appear at Child's School
  • School Activity
  • Child Suspension
  • Notice
  • Consequences
• Leave for Victims of Crimes
  • Leave for Victims To Attend Criminal Court Proceedings
  • Leave for Victims of Domestic Violence, Sexual Assault or Stalking
• Leave Related to Civic Duties
  • Jury Duty
  • Witness Testimony
  • Voting
• Leave To Perform Emergency Duties or to Attend Related Training
• Incarceration  
• Use of Compensatory Time Off
• Personal Necessity Leave
  • Academic Employees
  • Classified Employees
• Bereavement Leave
• Leave of Absence to Serve With Public Employee Organization
• Sabbatical, Study and Retraining Leave
  • Academic Employees: Sabbatical Leave
  • Classified Employees: Retraining and Study Leave
• Impact of Leaves on Probationary Period