California Leave Law: A Practical Guide for Employers

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2016 Edition
ISBN: 9781522120445
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ISBN: 9781522120452
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How to navigate the complex issues surrounding family leave, military leave, worker's compensation and personal time is the subject of California Leave Law: A Practical Guide for Employers. This authoritative treatise gives you:
•  Insightful analysis of the key employment features to keep in mind when dealing with leave law in California.
•  Determinative considerations in accounting for the many different California and federal rules through the use of case studies.
•  Important cases and their implications. Case are presented along with practical analysis for the day to day issues faced of the typical employer/employee relationship.
•  California and federal model notices
•  Useful forms and checklists

Authors / Contributors

Table of Contents

Chapter 1 AN OVERVIEW OF WORKPLACE LAWS

§ 1.01 Introduction

§ 1.02 California Statutes Related to Employee Leaves of Absence

§ 1.03 Federal Statutes Related to Employee Leaves of Absence

§ 1.04 Federal and State Agencies With Regulatory Authority Over Certain Leave Laws

§ 1.05 Discretionary Leaves of Absence



Chapter 2 ACCOMMODATION LEAVE

§ 2.01 Introduction

§ 2.02 Covered Employers

§ 2.03 Eligible Employees

§ 2.04 Disability Defined

§ 2.05 Reasonable Accommodations

§ 2.06 Leaves of Absence as a Reasonable Accommodation

§ 2.07 Employee Notice of Leave

§ 2.08 Medical Certification

§ 2.09 The Interactive Process

§ 2.10 Wages and Benefits

§ 2.11 Reinstatement

§ 2.12 Required Notices and Postings

§ 2.13 Undue Hardship

§ 2.14 Penalties for Failure to Comply

§ 2.15 Key Cases



Chapter 3 WORK INJURY OR ILLNESS LEAVE

§ 3.01 Introduction

§ 3.02 Definition of a Work Injury or Illness

§ 3.03 Covered Employers

§ 3.04 Eligible Employees

§ 3.05 Length of “Work Injury Leave“

§ 3.06 Reinstatement

§ 3.07 Employee Notices

§ 3.08 Employer Notices

§ 3.09 Wages and Benefits

§ 3.10 Medical Examinations

§ 3.11 Workers‘ Compensation Insurance

§ 3.12 Workers‘ Compensation Overlap With FEHA/ADA and FMLA/ CFRA

§ 3.13 Penalties for Failure to Comply

§ 3.14 Workers‘ Compensation Fraud

§ 3.15 Key Cases



Chapter 4 FAMILY AND MEDICAL LEAVE

§ 4.01 Introduction

§ 4.02 Family and Medical Leave Act

§ 4.03 California Family Rights Act

§ 4.04 Paid Family Leave

§ 4.05 Best Practices for Compliance and Administration of Family and Medical Leave

§ 4.06 Key Cases



Chapter 5 PREGNANCY LEAVE

§ 5.01 Introduction

§ 5.02 Summary of Federal and State Statutes Governing Pregnant Employees

§ 5.03 Pregnancy Related Disability Leave

§ 5.04 Baby Bonding Leave

§ 5.05 Statutory Wage Replacement Benefits for Pregnant Employees

§ 5.06 Penalties and Potential Legal Exposure for Failing to Comply With
Pregnancy-Related Laws

§ 5.07 Best Practices for Compliance and Administration of Pregnancy Leave

§ 5.08 Key Cases



Chapter 6 MILITARY LEAVE

§ 6.01 Introduction

§ 6.02 FMLA Military Leave

§ 6.03 USERRA Military Leave

§ 6.04 California‘s Military Reserve Duty

§ 6.05 California‘s Military Spouse Leave

§ 6.06 Key Cases



Chapter 7 MISCELLANEOUS STATUTORY LEAVES OF ABSENCE

§ 7.01 Introduction

§ 7.02 Civil Air Patrol Leave

§ 7.03 Crime Victims Leave

§ 7.04 Domestic Violence/Sexual Assault/Stalking Victims Leave

§ 7.05 Emergency Duty Leave

§ 7.06 Jury or Witness Duty Leave

§ 7.07 Literacy Assistance Leave

§ 7.08 Organ and Bone Marrow Donor Leave

§ 7.09 Rehabilitation Accommodation Leave

§ 7.10 Paid Sick Leave

§ 7.11 San Francisco‘s Family Friendly Workplace Ordinance

§ 7.12 School Related Leave

§ 7.13 Volunteer Firefighter/Law Enforcement Training Leave

§ 7.14 Voting Leave



Chapter 8 DISCRETIONARY LEAVES


§ 8.01 Introduction

§ 8.02 Bereavement Leave

§ 8.03 Education Leave

§ 8.04 Holidays

§ 8.05 Paid Time Off (PTO)

§ 8.06 Personal Floating Days

§ 8.07 Sabbaticals

§ 8.08 Vacation Time



Chapter 9 MANAGING LEAVES OF ABSENCE AND AVOIDING
LIABILITY


§ 9.01 Introduction

§ 9.02 Effective Policies and Best Practices

§ 9.03 Maintaining Confidential and Secure Medical Files for Employees



Chapter 10 WAGE REPLACEMENT FOR LEAVES

§ 10.01 State Disability Insurance

§ 10.02 Paid Family Leave

§ 10.03 Unemployment Insurance

§ 10.04 Social Security Disability Benefits

§ 10.05 Key Cases



Chapter 11 RESOURCES

§ 11.01 Accommodation Leave and Work Injury Leave

§ 11.02 Family and Medical Leave

§ 11.03 Paid Family Leave

§ 11.04 Pregnancy Leave

§ 11.05 Military Leave

§ 11.06 Jury Duty Leave

§ 11.07 State Disability Insurance/Unemployment Insurance

§ 11.08 Helpful Websites


Appendix A


Appendix B


Appendix C


Index