Category Archives: Leaves of Absence

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The Increasing Cost of Doing Business in San Francisco: Board of Supervisors Approves Family Friendly Workplace Ordinance

On October 1, 2013, the San Francisco Board of Supervisors approved an ordinance that will give employees the right to request flexible work arrangements to assist with caregiver responsibilities.  San Francisco employers will be required to consider and respond to all such requests in a formal manner.… Continue Reading

New Jersey Provides Unpaid Leave to Victims of Domestic Violence

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (the “ Safe Act”) becomes effective. New Jersey joins a handful of states providing employees who are victims of domestic violence and sexual assault with certain rights, including 20 days of unpaid leave to deal with matters related to an incident of domestic … Continue Reading

N.Y. Legislature Introduces Protections for Victims of Domestic Violence

The N.Y. State Senate and Assembly recently introduced “competing” bills both targeting increased employment protections for victims of domestic violence. The bills each provide various measures of job security for employees who need to be absent from work on the basis of a domestic violence issue.… Continue Reading

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 … Continue Reading

Inflexible 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 Reading

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  … Continue Reading

Employers 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 … Continue Reading

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