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California Leave Law: A Practical Guide for Employers

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ISBN: 9781522141686
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ISBN: 9781522120452
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2016 Edition
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

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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
§ 9.04 Final Tips for Successfully Administering Leaves of Absence
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