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 California’s Reproductive Loss Leave Law
4.7 Alcohol And Drug Rehabilitation Act
4.8 Time Off For Jury Duty
4.9 Time Off For Witness Duty
4.10 Time Off For Crime Victims And Eligible Family Members
4.11 Extension Of Domestic Violence Protections To Victims Of Other Crimes Or Abuse
4.12 Time Off For Victims Of Sexual Assault And Stalking
4.13 Employee Literacy Education Assistance Act
4.14 Time Off To Visit With School Authorities Following A Child’s Suspension
4.15 Family School Partnership Act
4.16 Time Off For Firefighter, Law Enforcement Or Emergency Rescue Personnel
4.17 Military Leaves
4.18 Spousal Military Leave
4.19 Time Off To Vote
4.20 Workers’ Compensation Leaves
4.21 California’s Bereavement Leave Law
4.22 Civil Air Patrol Employment Protection Act
4.23 Organ And Bone Marrow Donor Leaves
4.24 Paid Family Leave
4.25 Paid Sick Leave – The Healthy Workplaces, Healthy Families Act Of 2014
4.26 Kin-Care Time
4.27 Local Ordinances
4.28 Express And Implied Contracts
4.29 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 Personal Leave
6.3 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 Leave
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 CRD NOTICE FAMILY CARE AND MEDICAL LEAVE AND PREGNANCY DISABILITY LEAVE
APPENDIX I CIVIL RIGHTS DEPARTMENT CERTIFICATION OF HEALTH CARE PROVIDER for California Family Rights Act (CFRA) or Family and Medical Leave Act (FMLA)
APPENDIX J SAMPLE LEAVE OF ABSENCE REQUEST FORM
APPENDIX K CALIFORNIA FAMILY RIGHTS ACT
APPENDIX L CHECKLIST TO EVALUATE TIME OFF REQUEST
APPENDIX M CRC PREGNANCY-DISABILITY LEAVE REGULATIONS
APPENDIX N COMPARISON BETWEEN NEW FAMILY & MEDICAL LEAVE (FMLA) & CALIFORNIA FAMILY RIGHTS ACT (CFRA) REGULATIONS
APPENDIX O LABOR COMMISSIONER’S OFFICE VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING NOTICE
APPENDIX P EXPANDED FAMILY AND MEDICAL LEAVE IN CALIFORNIA
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.
