FMLA, CFRA, PDL, WC and
ADA:
Deciphering the Alphabet Soup of Leave
Requirements
Lisa E. Aguiar
Mandatory Leaves/Time Off
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Medical/family care
School
Voting
Military
Jury/witness
Crime/domestic violence/sexual assault
“Kin care”
Emergency duty
Mandatory Leaves/Time Off
 Medical and Family Care
►
Family and Medical Leave Act (FMLA):
• 50+ employees
►
California Family Rights Act (CFRA):
• 50+ employees
►
Pregnancy Disability Leave (PDL):
• 5+ employees
►
Workers Compensation (WC):
• All employees
►
Paid Family Leave (PFL):
• All employees
Mandatory Leaves/Time Off
 School
►
Employees entitled to 40 hours per
year to participate in school
activities:
• 25+ employees
• Can limit leave to no more than 8 hours
per month
• May require use of accrued vacation,
personal leave or PTO
Mandatory Leaves/Time Off
 Voting
►
Must grant up to 2 hours off to vote:
• All employees
►
No requirement to pay employees
Mandatory Leaves/Time Off
 Jury/Witness
Must grant leave to employee who
is summoned to jury duty: all
employees
► Payment of wages
►
• Non-exempt: no requirement to pay
• Exempt: no deductions (but may be
offset with jury pay)
Mandatory Leaves/Time Off
 Sick leave for “Kin care”
If employers offer sick leave must
allow employees to use half their
annual accrual to care for a sick
child, parent, spouse, etc.: all
employees
► Interplay with FMLA/CFRA
►
Mandatory Leaves/Time Off
 Emergency Duty
Must grant temporary leave of
absence to employees engaged in
voluntary fire or law enforcement
training: All employees
► Length of leave: up to 14 days per
year
►
Workers’ Compensation Leave
Must be Provided When:
 Employee is employed by employer at
time of injury
 Employee was acting within course
and scope of employment when
injured
 Employee’s injury is caused by the
employment, either with or without
negligence
 Caution: Workers’ Compensation may
cover injuries at home
Reinstatement of Injured
Employee
 Does FMLA/CFRA apply?
 Reinstate to same or similar
position
 Engage in discussions re:
necessity for accommodation
Family Medical Leave Act (FMLA)
California Family Rights Act (CFRA)
 Applies to employers with 50 or more
employees
 Requires employer to allow qualified
employees to take 12 weeks of leave
in a 12 month period for the:
►
►
►
Birth/adoption of a child
Employee’s own serious health condition
To care for certain family members who
have a serious health condition
Benefits and Other
Requirements
 Must continue to provide medical
benefits
 May require use of vacation or PTO
(must have policy)
►
Except if receiving other benefits (SDI,
PFL, etc.)
 May require use of sick leave if for the
employee’s own serious health
condition
 Must reinstate to same or comparable
position
►
(Exception for key employee)
Pregnancy Disability Leave
(PDL)
 Applies to employers with 5 or
more employees
 Requires employers to grant up
to 4 months leave for a disability
related to pregnancy
 Interplay between FMLA, CFRA
and PDL
Benefits and Other
Requirements
 Not required to continue medical/dental
benefits (unless continued for other
temporary disability leaves)
 May require use of sick leave (must
have policy)
 May not require use of vacation or
accrued PTO (employee may use at her
option)
 Must reinstate to same position
Paid Family Leave (PFL)
 Family temporary disability
insurance program that provides
employees up to 6 weeks of
partially paid leave per year to:
Bond with a newborn or adopted
child, or
► Care for a seriously ill family
member
►
Key Components of PFL
 No minimum hours/days worked
requirement
 Employers may require use of
two weeks of vacation
 One week waiting period
Americans with Disability Act
(ADA)
Fair Employment and Housing Act
(FEHA)
 Requires business with 5 (FEHA)
and 15 (ADA) or more employees
to reasonably accommodate
disabled individuals in hiring,
firing, benefits and other terms,
conditions and privileges of
employment
ADA/FEHA
 Protects a qualified individual
with a disability: An individual
with a disability who, with or
without reasonable
accommodation, can perform the
essential functions of the
employment position that such
individual holds or desires
What is a Disability?
 Has a physical or mental
impairment that limits a major
life activity
 Has a record of such impairment
 Is regarded as having an
impairment
What is an “Essential
Function” of a Job?
 The fundamental job duties of
the position
 The reason the job exists is to
perform that function
 Employer always determines the
essential functions of a job
Reasonable Accommodation
 Any modification or adjustment
in a job, an employment practice,
or the work environment that
allows an individual with a
disability to enjoy an equal
employment opportunity
Examples of Reasonable
Accommodation
 Job restructuring
 Part-Time or modified work
schedules
 Reassignment to a vacant position
 Acquiring or modifying equipment
or devices
 Leave
FMLA, CFRA, PDL, WC and ADA:
Deciphering the Alphabet Soup
of Leave Requirements
Lisa E. Aguiar, Esq.
Ropers Majeski Kohn & Bentley
50 West San Fernando Street
Suite 1400
San Jose, CA 95113
(408) 918-4555
laguiar@rmkb.com