Family And Medical Leave Manual For California Employers

Family And Medical Leave Manual For California Employers

Print $89.00
Electronic $119.00
Both $149.00

Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Fourteenth
ISBN: 9781940747507
Pages: Over 240

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Description

California employers are covered by state and federal laws that regulate family and medical leaves. These laws guarantee employees the right to take leaves to care for newborn children, adopted children, and seriously-ill family members. Employees can also takes leaves needed due to their own serious health conditions, due to qualifying exigencies and to care for servicemembers. The laws usually require employers to maintain health insurance benefits in effect, continue life and disability insurance, allow the use of vacation and sick leave benefits, and comply with numerous other rules. These rules regulate reinstatement, employee handbooks, employee notice, record-keeping, and posting requirements. They also establish serious sanctions and penalties.

In this publication, Attorney Richard J. Simmons of the law firm of Sheppard, Mullin, Richter & Hampton LLP, guides employers through the complicated web of rules created by the new laws. It examines the key features of the state and federal laws, including the new regulations, provides sample medical certification forms, posters, and a fact sheet, as well as a drafting checklist for policies. It also provides a sample leave of absence request form that identifies eligible employees and sample leave of absence policies. Among the subjects addressed in the publication are the following:

  • Regulations And Changes
  • Employee Eligibility Standards
  • Insurance Obligations
  • Use Of Vacation Benefits
  • Sick Leave Benefits
  • 12-Month Standard
  • Exemptions
  • Intermittent & Reduced Leaves
  • Maximum Leave Rules
  • Employer Notification Rules
  • Record-Keeping Rules
  • Relationship With Workers’ Comp Laws
  • Impact On State Laws
  • Waivers And Releases
  • Sample Leave Request Form
  • Sample Personnel Policies
  • Employer Obligations
  • Forms Package
  • Types Of Leaves Allowed
  • Employee Notification Rules
  • Serious Health Conditions
  • Minimum Service Rules
  • Reinstatement Rights
  • Military Family Leaves
  • Key Employee Exception
  • Benefit Issues
  • Medical Certification Rules
  • Enforcement Rules
  • Handbook Statements
  • Sample Posters
  • Sample Dr. Certification
  • Checklists

Additional information

Format

Both, Electronic, Print

Table Of Contents

SECTION 1          INTRODUCTION

1.1                Overview Of The State And Federal Family And Medical Leave Laws

1.2                Employer Compliance

1.3                Regulations Of Administrative Agencies

1.4                Scope Of Publication

SECTION 2          COVERAGE OF THE LAWS

2.1                Employer Coverage Rules Under The CFRA And FMLA

2.2                Effective Dates

2.3                Eligible Employees

2.4                New Parent Leave Act

SECTION 3          FAMILY AND MEDICAL LEAVE REQUIREMENTS

3.1                Reasons For Leaves

3.2                The 12-Month Computation Period

3.3                The 12-Workweek Standard

3.4                Special Rules For Births And Adoptions

3.5                FMLA Rules For Military Family Leaves

3.6                Special Rules For Computing Military Caregiver Leaves

3.7                Intermittent And Reduced Leaves

3.8                Effect Of Unpaid Leaves On Exempt Status Under The FLSA

3.9                Limitations Where Both Spouses Are Employed By The Same Employer

3.10               Reemployment Rules

3.11               Definitions Of Key Terms

3.12               California Spousal Military Leaves

SECTION 4          BENEFIT ISSUES

4.1                Use Of Paid Leave Benefits During Leaves

4.2                Other Employment Benefits

SECTION 5          EMPLOYEE NOTIFICATION RESPONSIBILITIES

5.1                Employee Notice Requirements

5.2                Employee’s Failure To Provide Notice

5.3                Medical Certification Requirements

5.4                Reinstatement From Medical Leaves

5.5                Periodic Status Reports From Employees On Leave

5.6                Certification That An Employee Is Unable To Return To Work

5.7                Certification For Leave Taken Because Of A Qualifying Exigency

5.8                Certification For Military Caregiver Leave

5.9                Employer Notification Rules

SECTION 6          POSTING, NOTIFICATION, AND RECORD-KEEPING RULES

6.1                General Obligations

6.2                Employer Notification Obligations

6.3                Posting Requirements

6.4                Handbook And New-Hire Statements

6.5                The Employee “Eligibility Notice”

6.6               The Employee “Rights And Responsibilities Notice”

6.7               The FMLA Leave “Designation Notice”

6.8               Designation Of Leave

6.9               Consequences Of Noncompliance

6.10              Substitution Of Paid Leaves

6.11              Additional Notice Rules

6.12              State Disability Insurance And Unemployment Insurance Notices

6.13              Record-Keeping Rules

SECTION 7          SPECIAL RULES FOR EDUCATIONAL INSTITUTIONS

7.1                Educational Agencies And Schools

7.2                Intermittent Leaves For Teachers

7.3                Leaves Requested Near The End Of An Academic Terms

SECTION 8          UNLAWFUL PRACTICES, ENFORCEMENT, AND REMEDIES

8.1                Prohibition Of Unlawful Employment Practices And Retaliation

8.2                Enforcement And Investigatory Authority

8.3                Civil Actions By Employees Under The FMLA

8.4                Civil Actions Under The CFRA

8.5                Statute Of Limitations

SECTION 9          PREEMPTION

9.1                Effect On Other Laws

9.2                Collective Bargaining Agreements And Benefit Programs

9.3                State Laws, Agreements, Benefit Programs, And Waivers

9.4                Encouragement Of More Generous Leave Policies

9.5                Interrelationship With ADA, Workers’ Compensation, And Other Laws

SECTION 10          CALIFORNIA’S PAID FAMILY LEAVE LAW

10.1               Overview

10.2               Interrelationship With The FMLA, CFRA And NPLA

10.3               FTDI (“PFL”) Leave Must Run Concurrently

SECTION 11          CONCLUSION

APPENDIX A       CERTIFICATION OF HEALTH CARE PROVIDER FOR EMPLOYEE’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-E)

APPENDIX B       CERTIFICATION OF HEALTH CARE PROVIDER FOR FAMILY MEMBER’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-F)

APPENDIX C       NOTICE TO EMPLOYEES OF RIGHTS UNDER FMLA — EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (U.S. DEPARTMENT OF LABOR PUBLICATION 1420)

APPENDIX D       NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES (U.S. DEPARTMENT OF LABOR FORM WH-381)

APPENDIX E       DESIGNATION NOTICE (U.S. DEPARTMENT OF LABOR FORM WH-382)

APPENDIX F       CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-384)

APPENDIX G       CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICEMEMBER FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-385)

APPENDIX H       FEHC NOTICE FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE

APPENDIX I       FAIR EMPLOYMENT & HOUSING COUNCIL CERTIFICATION OF HEALTH CARE PROVIDER (California Family Rights Act (CFRA))

APPENDIX J       THE CALIFORNIA FAMILY RIGHTS ACT (AS AMENDED BY A.B. 1460) AND THE FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993 — A Comparative Analysis —

APPENDIX K       LEAVE OF ABSENCE CHECKLIST

APPENDIX L       CHECKLIST FOR CFRA AND FMLA LEAVE OF ABSENCE POLICIES

APPENDIX M       SAMPLE FAMILY AND MEDICAL LEAVE POLICIES

APPENDIX N       SAMPLE LEAVE OF ABSENCE REQUEST FORM

APPENDIX O       CALIFORNIA FAMILY RIGHTS ACT

APPENDIX P       FEHC REGULATIONS

APPENDIX Q       CASE TABLE

About The Author

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.

 

Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.