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
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
Coronavirus/COVID-19 Weekly Update & Resources – March 23, 2020
Last week, we published several special bulletins covering COVID-19. Below are short summaries and links to the updates published since our last COVID-19 round up.
We will continue providing these special bulletins and updates as needed. Please visit https://www.lcwlegal.com/responding-to-COVID-19 for the most up-to-date bulletins.
Governor Newsom Amends Brown Act Changes in Subsequent Executive Order
Special Bulletin: Families First Coronavirus Response Act Enacted Into Law
On March 18, 2020, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the Senate passed the Families First Coronavirus Response Act (the Act) and President Trump signed the bill into law a few hours later. The law will go into effect within 15
New DOL Opinion Letter Addresses Employers’ Obligation to Designate FMLA Leave
This blog was authored by Lisa S. Charbonneau.
Should your agency permit employees to use their available paid leave accruals prior to designating leave as Family Medical Leave Act (FMLA)-qualifying, even if your agency knows the leave is FMLA qualifying from the start? A new Department of Labor (DOL) Opinion Letter issued by the
It’s Not FMLA Unless I Say So!
This blog post was authored by Jennifer Rosner.
In a 2014 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 to which
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
Influenza Season Strikes Again: What Employers Should Do to Minimize the Effects on Your Workforce
This blog was authored by Lisa S. Charbonneau.
Flu season is upon us again. This year hospitals across California have reported unusually high numbers of patients with flu-like symptoms and news outlets say this flu season is on track to being the worst in 10 years. What, if anything, can employers do to
New CFRA Regulations Impacting Family and Medical Leave Will Be Effective July 1, 2015
This blog post was authored by Connie C. Almond and Danny Yoo
In 2008, the U.S. Department of Labor issued revised regulations interpreting the federal Family and Medical Leave Act (“FMLA”). Since then, California employers have been left uncertain as to which of the changes the Department of Fair Employment and Housing would adopt for
Designating FMLA Leave in the Aftermath of Escriba v. Foster Poultry Farms
When the Ninth Circuit Court of Appeals, which covers California, issued its decision in Escriba v. Foster Poultry Farms last year, the decision was viewed as a victory for employers. Now, however, the decision is raising more questions than answers as employers struggle with designating FMLA leave.
In Escriba, an employee declined to use