California Court Of Appeal Holds That Employees Lose Reinstatement Rights If They Fail To Return To Work During The 12-Week Leave Period Protected Under CFRA

Sheppard Mullin Richter & Hampton LLP

On August 16, 2011, in Rogers v. County of Los Angeles, B217764, slip op. (2d App. Dist., Div. 2), the California Court of Appeal held that employees are not entitled to reinstatement of their jobs if they return to work after expiration of the 12-week leave period protected under the California Family Rights Act of 1993 (CFRA).

The CFRA entitles eligible employees to take a protected unpaid leave for up to 12 workweeks in a 12-month period for family care and medical leave to care for their children, parents, or spouses, or to recover from their own serious health condition. An employee who takes CFRA leave is guaranteed that taking such leave will not result in a loss of job security or any other adverse employment actions. Upon the employee’s timely return from CFRA leave, an employer generally must restore the employee to the same or a comparable position.

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Sheppard Mullin Richter & Hampton LLP

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