On March 15, 2023, CalPERS issued Circular Letter 200-014-23, setting forth new requirements that contracting agencies must follow when determining whether local safety members are substantially incapacitated from performance of their usual duties for the purposes of a disability retirement. Specifically, under Circular Letter 200-014-23, agencies are now required to submit additional documentation and
A Disability is a Disability is a Disability, Right?
When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement. What makes matters more complicated is that the definition of disability is not the same under each law. So, while a medical condition may meet
Five Common Pitfalls in the Reasonable Accommodation Process
This article was originally published in February 2014. The information has been reviewed and is up-to-date as of August 2021.
Under the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform
Best Practices for Communicating with Employees on Medical Leave and Utilizing Intermittent Leave Schedules
During these unprecedented times, it is likely that employees may be utilizing various forms of protected leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Some employees may be tempted to work remotely during their leave, perhaps to catch up, to stay ahead, or to offset the amount of time
I’m Stressed Out! Can I Bring My Dog to Work?
Employers know they need to accommodate a disabled employee’s request to bring a service dog to work. However, what happens when employees claim they are stressed and need to bring their dog to work for emotional support? Here are the top five questions on emotional support dogs:
1. Do we need to allow an employee
How Telecommuting During the COVID-19 Pandemic Impacts the Disability Interactive Process
As more businesses start to reopen, the COVID-19 pandemic will have long-term effects on the work environment beyond temperature checks and social distancing protocols. One impact is that it may be harder for employers to justify denying a disabled employee’s request for an accommodation to work from home. Whereas employers previously may have been reluctant
Smell the Bouquet of Legal Issues
This post was authored by Sarah R. Lustig.
A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA). John Barrie (Barrie) suffers from allergic sensitivities
EEOC Removes Final Rules that Permitted Employers to Offer Incentives to Encourage the Disclosure of Health Information in Connection with an Employer Wellness Program
This post was authored by Carla McCormack.
In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program. This change is effective January 1, 2019.
An employer wellness program, generally offered through an
Service Animal Vs. Emotional Support Animal At Work – Is There A Difference Any More?
This post was authored by Jennifer Rosner.
In the employment context, the statutory schemes that require reasonable accommodation for disabilities are the California Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA). The ADA defines a “service animal” as any dog (or in some cases, miniature horses) that are trained
Public Employers Dealing with Employees with Disabilities Can Feel Like Being Stuck on the California Freeways
Fans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.” “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic. One of the recurring jokes is that Californians