California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Category Archives: FMLA

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It’s Not FMLA Unless I Say So!

Posted in FMLA
 This blog post was authored by Jennifer Rosner. In a recent decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).  However, buyer beware!  If an employee affirmatively declines to use FMLA that he/she would [&hellip… Continue Reading

Ferreting Out Family Medical Leave Act Fraud: Practical Ways to Discover and Prevent FMLA Misuse

Posted in FMLA
Do you have that employee who takes intermittent Family Medical Leave Act (FMLA) leave and is usually out on Mondays and Fridays?  What about the employee on an extended FMLA leave who is going to school full-time?  Is it possible for employers to verify FMLA abuse and prevent it?  Although FMLA leave is highly protected [&hellip… Continue Reading

What Happens in Vegas Might Be Covered by the FMLA

Posted in FMLA, Personnel Issues, Workplace Policies
The FMLA provides an eligible employee the right to 12 workweeks of leave to care for the employee’s spouse, child or parent with a serious health condition.  Consequently, employers generally grant employee requests to use FMLA leave when their family member receives medical treatment or undergoes a surgical procedure.  What happens when an employee requests [&hellip… Continue Reading

FMLA Family Military Leaves Expanded And New Posting Requirement Goes Into Effect March 8, 2013

Posted in FMLA
This guest post was authored by Steven Tang FMLA-covered entities will soon have to update their FMLA materials. The U.S. Department of Labor (DOL) recently expanded and revised FMLA regulations with the changes going into effect March 8, 2013. The new regulations expand leave rights for family military leave and clarify rules for the application [&hellip… Continue Reading

Will The End Of Summer See The Expansion Of The California Family Rights Act

Posted in CFRA, FMLA
Last week, the California State Assembly passed Assembly Bill 2039, which would extend the rights of state, local agency, and private sector employees to claim protected family leave.  The California Family Rights Act (“CFRA”) currently provides qualifying employees with up to 12 weeks of unpaid leave during a 12-month period for their own serious health [&hellip… Continue Reading

California Legislature Fills Gap: Continuation Of Health Insurance Now Required Through Entire Four Month Maternity Leave

Posted in CFRA, FMLA
A gap that existed in California law concerning continuation of health insurance coverage during maternity leave has now been filled by the California legislature.  Effective January 1, 2012, health insurers will be required to cover maternity benefits and employers who had been required to continue health insurance during a maternity leave covered by the Family [&hellip… Continue Reading

Reinstatement Rights Under CFRA/FMLA Not A Guarantee

Posted in CFRA, FMLA
The federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA) provide leave and maintenance of health benefits to eligible employees in three situations.  First, leave is permitted for the serious health condition of an employee or a listed family member.  Second, leave is permitted for prenatal [&hellip… Continue Reading

Margaritas And Medical Leave

Posted in FMLA
The summer months bring to mind barbeques, baseball games and vacations.  As the weather warms, many of us would much rather spend our days in the great outdoors instead of in our offices.  However, for one employee in New Jersey, pursuing fun in the sun while she was on FMLA leave ended up costing her [&hellip… Continue Reading

ADA And FMLA: How They Overlap

Posted in Disability, FMLA
We get questions… An employer called with this inquiry: “one of our employees has been on leave under The Family & Medical Leave Act (FMLA) for a serious health condition and the 12 weeks have expired.  The employee has not come back to work and the most recent medical note states that the employee will [&hellip… Continue Reading

Six Million Dollar Settlement Is A Reminder Of The Importance Of Complying With The California Family Rights Act

Posted in CFRA, FMLA, Personnel Issues, Workplace Policies
The California Department of Fair Employment and Housing (DFEH) and Verizon Services Corporation, which employs more than 7,000 people, agreed to settle a class action lawsuit challenging the company’s handling of family medical leave requests under the California Family Rights Act (CFRA).  The DFEH’s lawsuit against Verizon alleges that the company had several policies and [&hellip… Continue Reading

Does FMLA Provide Unwed Parents With Greater Leave Time Than California Law? It Appears So!

Posted in Employment, FMLA
Every once in awhile we run across an unexpected twist in the law.  This happened recently when a client called asking how much “baby bonding leave” the agency must provide where two of its employees, who were not married to each other, had just become parents. As you know, under both the federal law, FMLA, [&hellip… Continue Reading