1. FMLA, CFRA, PDL, WC and ADA: Deciphering the Alphabet Soup of Leave Requirements Lisa E. Aguiar
Lisa E. Aguiar, Esq ©2011 Ropers Majeski Kohn & Bentley. All rights reserved.

2. Mandatory Leaves/Time Off
Medical/family care
School
Voting
Military
Jury/witness
Crime/domestic violence/sexual assault
“Kin care”
Emergency duty

3. Mandatory Leaves/Time Off
Medical and Family Care
Family and Medical Leave Act (FMLA):
50+ employees
California Family Rights Act (CFRA):
Pregnancy Disability Leave (PDL):
5+ employees
Workers Compensation (WC):
All employees
Paid Family Leave (PFL):

4. Mandatory Leaves/Time Off
School
Employees entitled to 40 hours per year to participate in school activities:
25+ employees
Can limit leave to no more than 8 hours per month
May require use of accrued vacation, personal leave or PTO

5. Mandatory Leaves/Time Off
Voting
Must grant up to 2 hours off to vote:
All employees
No requirement to pay employees

6. Mandatory Leaves/Time Off
Jury/Witness
Must grant leave to employee who is summoned to jury duty: all employees
Payment of wages
Non-exempt: no requirement to pay
Exempt: no deductions (but may be offset with jury pay)

7. Mandatory Leaves/Time Off
Sick leave for “Kin care”
If employers offer sick leave must allow employees to use half their annual accrual to care for a sick child, parent, spouse, etc.: all employees
Interplay with FMLA/CFRA

8. Mandatory Leaves/Time Off
Emergency Duty
Must grant temporary leave of absence to employees engaged in voluntary fire or law enforcement training: All employees
Length of leave: up to 14 days per year

9. Workers’ Compensation Leave Must be Provided When:
Employee is employed by employer at time of injury
Employee was acting within course and scope of employment when injured
Employee’s injury is caused by the employment, either with or without negligence
Caution: Workers’ Compensation may cover injuries at home

10. Reinstatement of Injured Employee
Does FMLA/CFRA apply?
Reinstate to same or similar position
Engage in discussions re: necessity for accommodation

11. Family Medical Leave Act (FMLA) California Family Rights Act (CFRA)
Applies to employers with 50 or more employees
Requires employer to allow qualified employees to take 12 weeks of leave in a 12 month period for the:
Birth/adoption of a child
Employee’s own serious health condition
To care for certain family members who have a serious health condition

12. Benefits and Other Requirements
Must continue to provide medical benefits
May require use of vacation or PTO (must have policy)
Except if receiving other benefits (SDI, PFL, etc.)
May require use of sick leave if for the employee’s own serious health condition
Must reinstate to same or comparable position
(Exception for key employee)

13. Pregnancy Disability Leave (PDL)
Applies to employers with 5 or more employees
Requires employers to grant up to 4 months leave for a disability related to pregnancy
Interplay between FMLA, CFRA and PDL

14. Benefits and Other Requirements
Not required to continue medical/dental benefits (unless continued for other temporary disability leaves)
May require use of sick leave (must have policy)
May not require use of vacation or accrued PTO (employee may use at her option)
Must reinstate to same position

15. Paid Family Leave (PFL)
Family temporary disability insurance program that provides employees up to 6 weeks of partially paid leave per year to:
Bond with a newborn or adopted child, or
Care for a seriously ill family member

16. Key Components of PFL No minimum hours/days worked requirement
Employers may require use of two weeks of vacation
One week waiting period

17. Americans with Disability Act (ADA) Fair Employment and Housing Act (FEHA)
Requires business with 5 (FEHA) and 15 (ADA) or more employees to reasonably accommodate disabled individuals in hiring, firing, benefits and other terms, conditions and privileges of employment

18. ADA/FEHA
Protects a qualified individual with a disability: An individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires

19. What is a Disability?
Has a physical or mental impairment that limits a major life activity
Has a record of such impairment
Is regarded as having an impairment

20. What is an “Essential Function” of a Job?
The fundamental job duties of the position
The reason the job exists is to perform that function
Employer always determines the essential functions of a job

21. Reasonable Accommodation
Any modification or adjustment in a job, an employment practice, or the work environment that allows an individual with a disability to enjoy an equal employment opportunity

22. Examples of Reasonable Accommodation
Job restructuring
Part-Time or modified work schedules
Reassignment to a vacant position
Acquiring or modifying equipment or devices
Leave

23. FMLA, CFRA, PDL, WC and ADA: Deciphering the Alphabet Soup of Leave Requirements
Lisa E. Aguiar, Esq.
Ropers Majeski Kohn & Bentley
50 West San Fernando Street Suite 1400 San Jose, CA  95113
(408)
Lisa E. Aguiar, Esq ©2011 Ropers Majeski Kohn & Bentley. All rights reserved.