News & Analysis as of

Family Medical Leave Act California Family Rights Act (CFRA)

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -

2018 Legislative Update for California Employers

by Conn Maciel Carey LLP on

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

California Enacts New Law Expanding Parental Leave to Small Employers

by Bryan Cave on

On Thursday, October 12, 2017, California Governor Jerry Brown signed legislation that extends twelve weeks of unpaid parental leave to California employees who work for small businesses. The New Parent Leave Act applies...more

Smaller Employers in California Required to Provide Job-Protected Unpaid Parental Leave Starting January 1, 2018

Governor Jerry Brown has signed the New Parent Leave Act, which will become effective January 1, 2018 and requires California employers with 20 to 49 employees within 75 miles to provide up to 12-weeks of job-protected unpaid...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Honey, I Shrunk the CFRA! - California Extends Job-Protected Parental Leave to Smaller Employers

by Fisher Phillips on

SB 63 requires employers with between 20 and 49 employees to provide up to 12 weeks of unpaid job-protected parental leave to bond with a new child. The signing of SB 63 follows previous unsuccessful efforts to extend...more

Can I Get Some Clarification On That Certification? Maybe Not … Differences Between FMLA And CFRA

by Jackson Lewis P.C. on

Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s...more

Asking Enough But Not Too Much: Medical Certifications For Leaves Of Absence Under The FMLA And CFRA

by Jackson Lewis P.C. on

The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the...more

Negotiating the Maze of Overlapping Leave Laws

by Payne & Fears on

Our experienced employment lawyers review major federal and California laws regarding employee leaves of absence and how they impact employers in 2017 and beyond. Topics include: • Creating a checklist for handling requests...more

A Primer On Substituting Paid Leave For Unpaid Disability Leave Under Federal And California Law

by Jackson Lewis P.C. on

Among the many questions California employers face when navigating the ins and outs of various disability leave laws is under what circumstances an employee may choose or be required to utilize paid time off for an otherwise...more

10 Strategies for Limiting FMLA/CFRA Abuse

by Jackson Lewis P.C. on

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provides for overlapping, as well as separate leaves of absences. The administration of these leaves can be confusing and...more

2018: California Employment Laws on the Horizon

Are you finally caught up on all of the new California laws taking effect in 2017? Then begin preparing for 2018 because the California legislature has been busy drafting another set of employment related laws. Here is a...more

What Am I Doing Wrong? Common FMLA Mistakes – the California Edition

by Jackson Lewis P.C. on

“What did I do wrong” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. Employers with operations in California need to worry about both the FMLA and the California Family...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

April 1 Poster Changes for California Employers

by Allen Matkins on

The California Fair Employment and Housing Council, which is responsible for issuing regulations respecting the state's employment discrimination laws, has created a new notice and poster required of California employers as...more

New California Family Rights Regulations Align With Existing Federal Law

by Ervin Cohen & Jessup LLP on

As we start a new year, employers should check all of their employment practices to make sure they are compliant with current laws and regulations. One of the many changes made in 2016 were comprehensive amendments made by...more

Best in Law: Dealing with Traumatized Workers

by Best Best & Krieger LLP on

All of us in Southern California’s Inland region were touched by the tragedy that unfolded on Dec. 2 in San Bernardino. The effects of the shooting are not limited to the 14 who were killed or the 22 who were injured...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

New Regulations Clarify Time Off Under California Family Rights Act

by Davis Wright Tremaine LLP on

In recently published amendments to its regulations, the California Fair Employment & Housing Council (FEHC) has clarified formerly confusing rules and brought the California Family Rights Act (CFRA) into closer parallel to...more

CFRA Joint Employers Beware

by Littler on

California employers who work closely with one or more other employers in a single business enterprise need to be aware of a significant change in a California law that could have major liability repercussions. On July...more

New Amendments To The California Family Rights Act (CFRA) Regulations

by McManis Faulkner on

The Fair Employment and Housing Council recently adopted significant amendments to the California Family Rights Act (CFRA) regulations, which took effect on July 1, 2015. The CFRA provides family and medical leave to...more

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more

Recent Amendments Give California's Sick Leave Law A Much-Needed Shot in the Arm

by FordHarrison on

California's passage of the Healthy Workplaces, Healthy Families Act of 2014 (otherwise known as California's paid sick leave law) had left open a number of questions regarding compliance with the law. As a result, the...more

What California Employers Need to Know About the New CFRA Regulations Effective July 1, 2015

by FordHarrison on

On July 1, 2015, the Fair Employment and Housing Council's (FEHC) new regulations interpreting the California Family Rights Act (CFRA) went into effect. The regulations were intended to clarify the previous regulations and...more

The CFRA Amendments: How to Prepare Your Organization

On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions...more

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