DLSE Issues Opinion Permitting Employer Deductions of Vacation and/or Sick Leave for Absences of Less Than Four Hours
On November 23, 2009, the Chief Counsel of the California Department of Industrial Relations' Division of Labor Standards Enforcement (DLSE) issued an opinion letter stating that employers may deduct vacation and sick leave for exempt employees’ partial-day absences of less than four hours as long as consistent with the employer's express policies. In addition, the DLSE opined an employer may deduct a combination of vacation leave and sick leave for a partial-day absence.
Continue ReadingInflexible Medical Leave Policies May Violate the Americans with Disabilities Act
On August 27, 2009, the U.S. Equal Employment Opportunity Commission filed a putative class action against United Parcel Service, Inc. claiming the company’s 12-month leave of absence policy violates the Americans with Disabilities Act of 1990 (“ADA”).
Continue ReadingAvila v. Continental Airlines: Ignorance Regarding Protected Medical Leaves Is Not Always Bliss
A recent California Court of Appeal case emphasized the need for employers to inquire further whenever an employee requests a medical leave that may qualify as "protected leave" pursuant to the California Family Rights Act ("CFRA").
Continue ReadingRecent Court Case Reinforces Importance of Employers Providing Employees with Notice of the Right to Request Leave under the California Family Rights Act (CFRA)
In a suit for wrongful termination in violation of right to medical leave under the California Family Rights Act (CFRA), a California Court of Appeal reversed summary judgment in favor of plaintiff's former employer because plaintiff provided sufficient information to the employer to advise it of his need for leave pursuant to the CFRA, but the employer failed to give notice to plaintiff of his right to leave under the CFRA. See Faust v. California Portland Cement Co.
Continue Reading