California employers administering a leave of absence – be it for PDL, FMLA, or CFRA leave – have to be sure they understand which laws apply in any given circimstance. For example, which of the laws cover baby bonding time? Can that time be taken intermittently? What happens when an employee...

Medical certification rules are designed to help employers verify whether a requested leave of absence is covered under the FMLA/CFRA. But simply asking the employee to return the medical certification does not always answer that question. For example, what medical certification should employers require...

Yesterday’s CED featured attorney Susan Schoenfeld’s summary of the changes in the new FMLA regulations; today, more detail on the new parental leave requirement under military exigency leave, plus an introduction to the all-HR-in-one website, HR.BLR.com. The Final FMLA rule makes four changes...

It was a surprise birthday party for the Family and Medical Leave Act (FMLA), says Susan Schoenfeld, JD. On February 5, 2013, exactly 20 years after the FMLA was signed, the U.S. Department of Labor (DOL) issued a Final Rule ahead of the planned regulatory schedule. Just what HR was hoping for—more...

FMLA and CFRA leave requirements have a lot of overlap, but there are some important distinctions for employers to be aware of. Some of these can be found in the area of medical certifications required for the employee to take the leave. For example, did you know that a California employer should not...

Administering FMLA/CFRA leave can cause headaches even for the most organized of HR professionals. What are the legal notices the employer is required to provide? What can the employer ask the employee to provide and how much notice can be required? Does your organization know how to proceed when a leave...

How many hours of intermittent leave is an employee entitled to if they typically only work 32 hours a week? How does overtime factor in? What if an employee works a different number of hours every week—how many hours of intermittent leave is that person eligible to take? FMLA questions are seldom...

FMLA certification Q&A for California employers FMLA certification and other aspects of FMLA leaves can be frustrating and time-consuming. But it is in the employer’s best interest to get it right the first time to avoid giving more time off than is required. To complicate things further, California...

Any California employer can tell you there are differences between the FMLA and CFRA. But what are the major differences and how do they affect employers? Here are the four biggest differences between the two laws and the impact each difference has from the employer standpoint. Differences between FMLA...

If you are a designated key employee, you may not be able to return to work after FMLA leave—but your leave can’t be denied, says attorney Stacie Caraway of Miller & Martin PLLC. While you can deny return from leave to key employees, don’t mistake that to mean that key employees...

Most employers know that pregnancy and discrimination do not mix. But unfortunately pregnancy bias still occurs, though not always intentionally. According the Bureau of Labor Statistics, women make up nearly half of the U.S. workforce, and out of that group, roughly 80 percent are or will become mothers...

The state Fair Employment and Housing Commission has just announced the approval of changes to the state's pregnancy regulations. The changes go into effect on December 30, 2012. They make significant changes to the existing law, including: 1. A clarification of the definition of "four months"...

Yesterday , we looked at the answers to some common FMLA/CFRA certification questions. Today: The facts on requesting recertifications of a continuing condition. How Often May You Request Recertification? The FMLA rules allow recertification no more often than every 30 days in connection with an employee’s...

As an employer, you’re allowed to require an employee to provide certification of the need for requested medical leave. But the details of obtaining these certifications can get tricky. Here are some answers to common certification-related questions in California: When To Request the Certification...

A leave of absence may be granted under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), or under state workers’ compensation laws. In fact, an employee may be eligible for leave under any or all of them at once! Do you know the differing requirements and issues...

Curbing FMLA/CFRA abuse is complex. Employers must continue to meet their obligations to employees under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), yet they often fear claims of discrimination, harassment, or retaliation when rightfully trying to cut...

A medical certification is a written document from a health care provider verifying that an employee’s leave is for a serious health condition. It is an objective tool that HR managers should use to determine whether to grant or deny leave requests under FMLA, the California Pregnancy Disability...

Most employers require medical certification when administering FMLA or CFRA leave of absence requests. But the certification process isn’t always as cut and dry, especially in California. For instance, what should you do if the documentation from a healthcare provider is vague, incomplete, or...

Yesterday , we looked at a case involving an employee who claimed to want to return to work but submitted a note from his doctor stating that he was “totally incapacitated.” Today, the conclusion of the case, courtesy of attorney Nancy N. Lubrano of the Irvine office of Carothers DiSante...

Who knows better whether an employee is ready to return to work: the employee or his doctor? When the doctor's note is clear and unambiguous, that may provide the official diagnosis—no matter what the employee believes. Attorney Nancy N. Lubrano of the Irvine office of Carothers DiSante &...