The California Workers' Compensation Law establishes in all, except certain, designated employments, an exclusive system of compensation for injuries, or death to employees arising out of and in the course of their employment and not caused by the employee's intoxication or intentionally self-inflicted injury.

The California Workers' Compensation Law provides the broadest coverage of employment and benefits in the nation.  Virtually every employer and employee in the state of California are subject to the compulsory provisions of its workers' compensation law.  Every type of legal entity may be an employer: individuals, partnerships, corporations, associations, the state, counties, cities, special purpose or taxing districts and other agencies.  The law applies with equal force to citizens and resident aliens.

The Act provides for medical treatment, temporary disability benefits, permanent disability benefits, vocational rehabilitation benefits, medical benefits, and death benefits.  The benefits are funded through insurance or through self-funding by qualified employers.  Benefits are administered through a process of self-administration with a right of appeal to the Workers' Compensation Appeals Board, the California Appellate Courts, and the California Supreme Court.  The law also provides for preventive measures in the form of safety laws and administrative rules.  The law is frequently liberally construed in favor of providing benefits.

This workbook provides an overview to Workers' Compensation including benefits, procedures, administration, penalties, third-party liability and employer responsibilities.

Topics Include:

• Introduction
  • Historical Background
  • California Law Summarized
• Covered Employment
  • Employer
  • Employee
  • Special Circumstances
• What Is an Industrial Injury?
  • Defined
  • Arising out of Employment
  • Course of Employment
  • Categories of Injuries
  • Types of Injuries
  • Presumptions of Injury
• Benefits
  • In General
  • Medical Benefits
  • Classes of Disability Benefits
• WCAB Procedures and Administration of the System    
  • Introduction
  • WCAB Proceedings
• Penalties
  • Unreasonable Delay in Furnishing Benefits (10%)
  • Civil Penalty Legislation Effective January 1, 1990
  • Late Payment of Medical Fees
  • Serious and Willful Misconduct (50%)
  • Challenges to Benefits
  • Serious and Willful Misconduct of an Employee
  • Discrimination
• Third Party Liability and Employee Civil Actions
  • Third Party Subrogation
  • Who are Third Parties?
  • Actions against Negligent Third Parties
  • Firefighter’s Rule
  • Exclusive Remedy as to Employer
  • Public Agency Liability Arising from the Issuance of Building Permits
• Employer Reporting Responsibilities, Notice Obligations, and Investigation and Claims Management
  • Introduction
  • Investigative Checklists
  • Investigative Checklist for Injuries on Employer’s Premises
  • Investigative Checklist for Injuries off Employer’s Premises
  • Investigative Checklist - Intoxication
  • Investigative Checklist – Altercations and Assault
  • Investigative Checklist – Fall as the Cause of Injury
  • Investigative Checklist – Back Injuries
  • Preserving the Confidentiality of the Investigative Report
• Personnel Management and the Industrially Injured Employee
  • Introduction
  • Labor Code Section 132a
  • Management Checklist for Avoiding Liability for Claims under Labor Code Section 132a

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 – 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 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’s 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’ 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
  • Is an Employee Entitled to Reinstatement after Being on Leave?
  • 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
• Leave as a Reasonable Accommodation
• Industrial Injury Leave
  • Industrial Injury Defined
  • Workers’ Compensation, FMLA/CFRA, and the FEHA/ADA—Dealing with the Interactions Between the Laws
  • Industrial Injury Leave for Public Safety Employees – 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’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
• 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

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
• Reproductive Loss Leave
  • Eligibility
  • Length of Leave
• 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

The purpose of this workbook is to assist local agency officials and representatives to effectively administer the meet and confer process

The Meyers-Milias-Brown Act (MMBA)—the California law that mandates that process for cities, counties and special districts—refers to it as "meeting and conferring in good faith." However, in light of the manner in which the courts have interpreted the MMBA, the traditional private sector terms "negotiating" and "collective bargaining" more aptly describe the process. Thus, this workbook uses these terms interchangeably.

Since its passage in 1968, labor disputes, strikes and litigation related to labor relations under the Meyers-Milias-Brown Act have been relatively infrequent. Periodically, however, public employee unions and their allies have sought to modify the law to create a labor relations environment more closely resembling their goals and objectives. Those efforts resulted in an amendment to the Meyers-Milias-Brown Act, effective 2001. This amendment extends the jurisdiction of the Public Employment Relations Board (PERB) to cities, counties and other local government agencies. This workbook will discuss PERB jurisdiction and its impact on local government labor relations.

There is a wide divergence among California local agencies in the degree to which some continue to operate primarily along traditional civil service lines, and the extent to which others have changed to the private sector labor-management relations model. While the private sector model increasingly represents the norm, because of this divergence some workbook material may seem elementary to the reader who is an experienced labor negotiator and at the same time not sufficiently clear to the reader who is new to labor negotiations. It is hoped, however, that the workbook as a whole will serve readers as a helpful guide as they are involved in their agency's approach to the collective bargaining process.

Topics Include:

• Legal Framework for Collective Bargaining in the Public Sector
  • The Legal Framework for Public Agency Managers and Negotiators
  • Local Rules
• Subjects of Bargaining
  • The Contract and Past Practice
  • Scope of Representation
• The Negotiation Process
  • Preparation for Negotiations
  • Negotiation Process
  • Agreement and Impasse

This workbook covers Personnel Issues, including the hiring process, checking references and personnel files. It is designed to provide practical guidance for creating a legal and successful hiring process. It includes a detailed discussion of the most important part of the hiring process – Checking References. This workbook also covers the law regarding an employer's duties and an employee's rights with respect to personnel records and files.

Topics Include:

• Recruiting and Advertising
  • Recruiting and Advertising Practices Must Be Non-Discriminatory
  • Affirmative Action
  • Update Job Descriptions and Validate Job Requirements
  • Case Studies on Recruiting
• Applications
  • Establish a Uniform Screening Process to Review Applicants
  • Avoid Discrimination in Application Procedures and Inquiries
  • Waivers from Applicants to Obtain Background Information
  • Case Studies on Applications
• Pre-Employment Testing
  • Polygraph Examinations
  • Physical Agility/Fitness Testing
  • Caution Regarding Tests Which Have a Disparate Impact on Applicants in Protected Classes
  • Case Studies on Testing
• Interviewing
  • Preparing for the Interview
  • During the Interview
  • After the Interview
  • Case Studies on Interviewing
• Conditional Job Offers
  • Pre-Conditional Offer Disability-Related Inquiries and Examinations
  • After a Conditional Offer Has Been Made
  • Case Studies Regarding Conditional Offers and Drug Testing
• Pre-employment Medical Examinations
  • Overview
  • What is a “Medical Examination”?
  • Denial of Employment Based on Results of Medical Examination
  • Case Studies on Medical Examinations and Direct Threats
• Reasonable Accommodations
  • Accommodating Disabled Applicants in the Hiring Process
  • Reasonable Accommodations for An Applicant’s Religious Creed
  • Case Studies on Reasonable Accommodation
• Employment Eligibility
  • Employment Eligibility Verification and the Form I-9
  • Peace Officer Citizenship Requirement
  • Case Study on Employment Eligibility Verification
• Record-Keeping/Retention of Hiring Documents
  • Statutory and Regulatory Requirements
  • Public Records Act Requests
  • Requests by Employees to Review Hiring Records
  • Case Studies on Record-Keeping/Retention of Hiring Documents
• Unique Employment Circumstances
  • At-Will Employment
  • Independent Contractors
  • Case Studies
• The Purpose of a Reference Check
• Conducting a Background Check
  • Ensure That the Application is Complete
  • Decide Who Will Conduct the Background Check
  • Obtain a Signed Waiver and Authorization
  • Determine Which Candidates Will Be Investigated
  • Verify Information About Applicants
  • Use a Questionnaire
  • Verify Education, Licenses and Certifications
• Legal Restrictions on Performing Background Investigations
  • Privacy Issues
  • Equal Employment Opportunity Laws
  • Credit Checks/Consumer Reports
  • Confidentiality of Sources Providing References
  • Using Criminal Offender Record Information
• Background Investigations for Law Enforcement Personnel
  • Peace Officer Background Investigations
  • Public Safety Dispatcher Background Investigations
  • Emergency Medical Technician Background Investigations
• Responding to a Request for Background Information
  • Background Response Policy
  • Mandatory Cooperation with Peace Officer Background Investigations
  • Liability Considerations
• Introduction to the Law of Personnel Records and Files
• Maintenance of Personnel Files
  • Why Maintain Personnel Files?
  • Who Should Maintain?
  • Where Should the Materials Be Maintained?
  • Supervisors’ Files
• What Information May Be Placed into Personnel Files
  • Contents of Personnel Files
  • Information That Should Not Be Placed in the Personnel File
  • Documentation Checklist
  • Information Required by the Immigration Reform and Control Act
  • Employee’s Right to Dispute the Contents of Personnel Files
• Access to Employees’ Personnel Files
  • Employee Inspection of Own Personnel File
  • Inspection Checklist
  • Internal Disclosure
  • Disclosure to Non-Employees
  • Avoiding Lawsuits by Permitting Inspection of Personnel Files
• Employer’s Retention of Employee Personnel Files and Records
  • California Statutory and Regulatory Requirements
  • Federal Statutory and Regulatory Requirements
  • Statutes of Limitations
  • Practical Considerations in Developing a Retention Policy
• Discovery of Personnel Records and Files in Litigation
  • Overview
  • Electronically Stored Information
  • EEOC/DFEH Requests for Information
  • Subpoenas for Personnel Records
  • Discovery of Police Records
• Negotiability of Rules Concerning Personnel Records and Files
• Establishing a Personnel Records and Files Policy