Leaves Of Absence And Time Off From Work Manual

Leaves Of Absence And Time Off From Work Manual

Print $89.00
Electronic $119.00
Both $149.00

Author: Richard J. Simmons
Publisher: Castle Publications
Edition: Twentieth
ISBN: 9781940747514
Pages: Over 230

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Description

California and federal laws create numerous rules that provide employees the right to leaves of absence and time off from work. More than 20 statutes now govern the rules in this area and Governor Brown has signed more time off bills into law. The evolution of these laws dramatically erodes the freedom employers formerly had to grant or deny time off requests. In many cases, several laws provide employees overlapping protections through a complicated system of rules.

In his new publication, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP examines the key statutory rules and the obligations they create. The publication provides charts showing the universe of laws providing time off rights and coverage standards. It also includes sample forms and checklists for reviewing leave requests. Among the numerous topics addressed in the publication are the following:

  • Legal Obligations To Provide Leaves And Time Off
  • New Sick Leave Law
  • New Kin-Care Amendments
  • Organ And Bone Marrow Donor Leaves
  • Family And Medical Leaves
  • Alcohol And Drug Rehabilitation
  • Crime Victim Leaves
  • Time Off Due To Assaults And Stalking
  • Federal And State Laws
  • New Parent Leave Act
  • Voting Time Off
  • Sample Forms
  • Workers’ Compensation Leaves
  • Domestic Violence And Sexual Assault Leaves
  • Family School Partnership Act Changes
  • Military Leaves
  • Posting Rules – New DLSE Notice
  • Required Personnel Policies
  • Leaves Required By The ADA And FEHA
  • Pregnancy Leaves
  • Qualifying Events
  • Firefighter Leaves
  • Paid Family Leave (FTDI)
  • Extending Leaves And Time Off
  • Checklists For Reviewing Leave Requests
  • Interactive Process Rules

Additional information

Format

Both, Electronic, Print

Table Of Contents

SECTION 1          INTRODUCTION

1.1                Overview

1.2                The Scope Of This Manual

1.3                An Employer’s Leave Of Absence Universe

1.4                Abbreviations

1.5                Leaves Of Absence And Time Off Standards

SECTION 2          EMPLOYER COMPLIANCE

2.1                Identification Of Legal Obligations

2.2                Review Of Overlapping Obligations

2.3                Applicable Laws

2.4                Checklists

2.5                Required Policies, Posting, And Disclosure Obligations

SECTION 3          FEDERAL LEAVE OF ABSENCE AND TIME OFF LAWS

3.1                Overview Of Federal Laws

3.2                Federal Family And Medical Leave Act Of 1993

3.3                Military Leaves Under The Uniformed Services Employment And Reemployment Rights Act

3.4                Americans With Disabilities Act Of 1990

3.5                Jury System Improvements Act Of 1978

SECTION 4          STATE LEAVE OF ABSENCE AND TIME OFF LAWS

4.1                Introduction To State Requirements

4.2                California Family Rights Act Of 1993

4.3                Pregnancy-Disability Leave Law

4.4                New Parent Leave Act

4.5                California Fair Employment And Housing Act

4.6                Alcohol And Drug Rehabilitation Act

4.7                Time Off For Jury Duty

4.8                Time Off For Witness Duty

4.9                Time Off For Crime Victims

4.10               Victims Of Domestic Violence Employment Leave Act

4.11               Time Off For Victims Of Sexual Assault

4.12               Employee Literacy Education Assistance Act

4.13               Time Off To Visit With School Authorities Following A Child’s Suspension

4.14               Family School Partnership Act

4.15               Time Off For Firefighter, Law Enforcement Or Emergency Rescue Personnel

4.16               Military Leaves

4.17               Spousal Military Leave

4.18               Time Off To Vote

4.19               Workers’ Compensation Leaves

4.20               Civil Air Patrol Employment Protection Act

4.21               Organ And Bone Marrow Donor Leaves

4.22               Paid Family Leave

4.23               Kin-Care Time

4.24               Paid Sick Leave – The Healthy Workplaces, Healthy Families Act Of 2014

4.25               Local Ordinances

4.26               Express And Implied Contracts

4.27               Wrongful Discharge Laws

SECTION 5          OVERLAPPING LEGAL RESPONSIBILITIES CREATED BY STATUTORY OBLIGATIONS

5.1                Identifying The Applicable Legal Obligations

5.2                Interrelationship Of Leaves Required Due To Medical Conditions

5.3                Pregnancy-Related Disabilities

5.4                Work-Related Disabilities

5.5                Alcohol And Drug Rehabilitation Leaves

SECTION 6          DISCRETIONARY LEAVES AND TIME OFF

6.1                Leaves That Are Not Statutorily Mandated

6.2                Bereavement Leave

6.3                Personal Leave

6.4                Paid Family Leave

SECTION 7          EMPLOYEE NOTIFICATION RESPONSIBILITIES

7.1                Employee Notice Requirements For CFRA And FMLA Leaves

7.2                Employee’s Failure To Provide Notice

7.3                Medical Certification Requirements

7.4                Reinstatement From Medical Leaves

7.5                Periodic Status Reports From Employees On Leave

7.6                Certification That An Employee Is Unable To Return To Work

7.7                Certification For Leave Taken Because Of A Qualifying Exigency

7.8                Certification For Military Caregiver Leave

7.9                Employer Notification Rules

SECTION 8          FMLA/CFRA POSTING, NOTIFICATION, AND RECORD-KEEPING RULES

8.1                General Obligations

8.2                Employer Notification Obligations

8.3                Posting Requirements

8.4                Handbook And New-Hire Statements

8.5                The Employee “Eligibility Notice”

8.6              The Employee “Rights And Responsibilities Notice”

8.7              The FMLA Leave “Designation Notice”

8.8              Designation Of Leave

8.9              Consequences Of Noncompliance

8.10              Substitution Of Paid Leaves

8.11              Additional Notice Rules

8.12              State Disability Insurance And Unemployment Insurance Notices

8.13              Record-Keeping Rules

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       SAMPLE LEAVE OF ABSENCE REQUEST FORM

APPENDIX K       CALIFORNIA FAMILY RIGHTS ACT

APPENDIX L       CHECKLIST TO EVALUATE TIME OFF REQUEST

APPENDIX M       FEHC PREGNANCY-DISABILITY LEAVE REGULATIONS

APPENDIX N       COMPARISON BETWEEN NEW FAMILY & MEDICAL LEAVE (FMLA) & CALIFORNIA FAMILY RIGHTS ACT (CFRA) REGULATIONS

APPENDIX O       LABOR COMMISSIONER’S NOTICE — RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING

APPENDIX P       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.