Employment Law Commentary -- Volume 25, Issue 3 -- March 2013

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In This Issue:

- Pregnancy Disability Leave in California: What Should Employers Be Expecting?:

Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the Pregnancy Disability Leave (“PDL”) Law, California Government Code § 12945 (the “Pregnancy Disability Regulations”), and new regulations interpreting reasonable accommodation under the Fair Employment and Housing Act (“FEHA”), Gov. Code § 12900 et seq (the “Disability Discrimination Regulations”). The new regulations became effective on December 30, 2012, and together have the effect of eliminating any cap on the leave an employer must give to its employees with disabilities under a combination of the PDL Law, FEHA, or the California Family Rights Act (“CFRA”). A recent decision interpreting the FEHA cited the new PDL regulations and held that a disabled employee is eligible for disability leave under FEHA even after exhausting four months of PDL.

- Quick and Dirty:The New DFEH Regulations:

Here is a quick rundown of the important changes to the regulations discussed in this Commentary:

Pregnancy Disability Regulations -

• A perceived pregnancy is now protected under the PDL Law. § 7291.2...

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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