Leave Rights for California Employees

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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 and use of accrued compensatory time off. ¬†To make things more interesting, many of the leaves run concurrently ‚Äď but not all do.¬† Several of the leaves share definitions and eligibility criteria ‚Äď 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 of medical leaves available to employees in California.

Topics Include:

  • Paid Sick Leave
    • Paid Sick Leave Law
    • Protected Sick Leave
  • California Pregnancy Disability Leave (PDL)
    • Eligibility
    • Length of Leave
    • Medical Certification
    • Use of Vacation and Sick Leave
    • Maintenance of Health Benefits
    • Notice Requirements
    • Transfer to Accommodate Intermittent Leave or a Reduced Work Schedule
    • Reinstatement
  • 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?
    • For What Reason is Leave Permitted?
    • What Other Factors Can Limit an Employee‚Äôs Right to 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 Employers‚Äô 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‚Äôs Status While on Leave?
    • Family Military-Related Leaves under the FMLA
    • Is an Employee Entitled to Reinstatement after Being on Leave?
    • What Remedies are Available to an Employee for an Employer‚Äôs 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
  • Leave as a Reasonable Accommodation
  • Industrial Injury Leave
    • Industrial Injury Defined
    • Workers‚Äô Compensation, FMLA/CFRA, and the FEHA/ADA‚ÄĒDealing with the Interactions Between the Laws
    • Industrial Injury Leave for Public Safety Employees ‚Äď an Overview of Labor Code Section 4850 Benefits
    • Labor Code Section 132a
  • Paid Family Leave (Family Temporary Disability Insurance)
    • Applicability to Public Agencies
    • Employee Eligibility
    • For What Reason are Benefits Granted?
    • Concurrent Use of Leave
  • Military Leave
    • Consequences and Remedies for Violations
    • Definitions
    • Compensation during Military Leave
    • Vacation and Sick Leave Benefits during Military Leave
    • Health Insurance Benefits
    • Retirement Benefits
    • Reemployment after Military Leave
  • Leave to Appear at Child‚Äôs 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
  • Jury Duty and Witness Testimony under Subpoena
  • Leave To Perform Emergency Duties or to Attend Related Training
  • Time Off to Vote
  • Incarceration
  • Use of Compensatory Time Off
  • Impact of Leaves on Probationary Period
  • Medical Leaves and Privacy Concerns
  • Disability Retirement¬†
    • Applicable Laws
    • Eligibility
    • Employee Status During Application Process
    • Light Duty Defense
    • When Do Disability Retirement Benefits Begin
    • Post-Disability Retirement Employment
    • Due Process Considerations

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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