by Johnnie A. James, John G. Lee, Carolyn E. Sieve, Charles L. Thompson, IV and Stuart D. Tochner, Esqs.
Dealing with the multitude of federal and state laws governing leaves of absence in California can leave employers feeling lost and disoriented—and expose even the most well-intentioned employer to liability.
The best prevention is education. California employers must understand each leave law that affects them. To assist, here’s a summary of each law.
Federal laws
1. ADA: The federal ADA prohibits discrimination against “qualified individuals with a disability.” It requires reasonable accommodation for employees with a covered disability, as long as it creates no undue hardship for the employer, and the employee can perform essential job functions with or without reasonable accommodation. The ADA Amendments Act of 2008 (ADAAA) clarified employers’ responsibilities.
2. FMLA: The federal FMLA generally permits eligibl...(register to read more)
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