FMLA and CFRA Require Reinstatement to the Same or Comparable Employment Position
One of the key provisions of FMLA/CFRA leave is the right to reinstatement to the same or comparable position after the leave. A “comparable position” is defined as a position which is…
Vacation Pay for California Employees
There is no California or federal law, which requires employers to provide employees with vacation time. Nonetheless, if the employer does provide vacation time, certain provisions of the California Labor Code must…
Are Employers Required to Accommodate a Temporary Disability?
A vexing question for employees who have been hurt, been in an accident, or who suffer from a temporary medical condition is whether their employer is required to provide a reasonable accommodation…
COBRA Health Care Benefits
Despite the acrimony surrounding President Obama’s signing of the Patient Protection and Affordable Care Act (better known as the health care bill), many of the most important provisions to bring health care…
Religion in the Workplace – A Delicate Balancing Act
Recently I had a series of inquires about the role of religion in the workplace – is an employer required to give employees time off for an important religious holiday? And, does…
Using Sick Leave to Care for Family Members
In general, California does not require employers to provide paid sick leave to their employees nor are employers obligated to give employees unpaid sick leave. Also, even if sick leave is provided,…
Taking Time Off to Care for Family or to Care for Yourself – FMLA/CFRA Notice Requirements
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both allow eligible employees to take up to 12 weeks per calendar year of unpaid leave. The…
California’s Pregnancy Disability Leave Law
California’s Pregnancy Disability Leave (PDL) law allows pregnant women who are “disabled” during their pregnancy to take up to four months of leave from work. The term, disabled, is a bit misleading…
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