Yesterday, attorney Lauren M. Cooper of the San Francisco office of Epstein Becker & Green, PC, explained a new family leave case that’s good news for employers. Read on to find out the details of the court’s reasoning. We’ll also tell you about a California-specific leaves reference you won’t want to be without.
For the case details, click here.
Appeals court explains ruling
The court concluded that the CFRA reinstatement right applies only when an employee returns to work on or before the expiration of her 12 weeks of protected leave.
Notably, the express language of the CFRA repeatedly refers to 12 weeks of total protection. Because Rogers returned to work after 19 weeks of leave, she simply didn’t have a claim for interference.
Turning to the retaliation claim, the court determined that the county demonstrated a legitimate nondiscriminatory reason for its decision to transfer Rogers to another position.
In addition, because she wasn’t entitled to reinstatement to the same or a comparable position, there was no evidence of retaliation. Rogers v. County of Los Angeles (California Court of Appeal, Second Appellate District, 8/16/11).
How To Comply with California and Federal Leave Laws
Bottom line
This case is a positive one for employers, serving as a reminder that CFRA job protection applies only during the 12-week leave entitlement. Moreover, the court’s decision affirms that an employer’s legitimate nondiscriminatory reason for an adverse employment action can still defeat an employee’s unsupported claim.
However, it’s important to note that the employer in this case avoided a significant damages award only because it first allowed the employee to take her full 12 weeks of leave under the CFRA.
Further, the county avoided liability for the retaliation claim because it was able to present evidence of its legitimate reason for the employee’s transfer.
Remember, whenever an employee takes Family and Medical Leave Act (FMLA) /CFRA leave because of her own serious health condition and requests additional leave beyond 12 weeks of FMLA/CFRA leave, you should evaluate whether the employee is disabled under the Americans with Disabilities Act or California’s Fair Employment and Housing Act. If she is, then the employee will likely be entitled to additional leave as a reasonable accommodation.
Leave Mistakes: Better Prevented Than Remedied
The best way out of a sticky leave-related dispute is to avoid getting embroiled in it in the first place. And to do that, you need current, complete info on the web of state and federal leave laws that apply to you in California – as well as clear explanations of how they interact with one another.
That’s why we’re thrilled to offer you our comprehensive, newly updated HR Management & Compliance Report: How To Comply with California and Federal Leave Laws.
It covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional.
This information-packed 122-page guide, written by an experienced California employment lawyer, features in-depth coverage of all the topics you need to know about in an easy-read, quick-reference style:
- Overview of California and federal leave laws
- Pregnancy and parental leaves
- Required notices
- Employee notifications of illness, injury, or disability
- Responding to leave requests
- Computing leave entitlement duration
- Medical exams and inquiries
- Reinstating and terminating employees
- Leave for military members’ families
- Avoiding leave-related bias claims
- And much more!
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Download your free copy of Compliance Guide to the Federal Family and Medical Leave Act and the California Family Rights Act today!