Recent 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 Questions & commentsEmployers Are Not Required To Provide Reasonable Accommodations To Employees Returning From Leaves Protected By The California Family Rights Act
Under the California Family Rights Act ("CFRA"), eligible California employees are entitled to take up to 12 weeks of unpaid medical leave each 12 month period to recover from a serious health condition or to care for a family member. An employee who takes CFRA leave is entitled to reinstatement to the same, or equivalent, position he or she held prior to taking the leave. However, a recent Court of Appeal case, Neisendorf v. Levi Strauss & Co., has held that, upon termination of the 12 week leave, employees who are not able to return to work without restrictions are not entitled to reinstatement.
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