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.
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. (register to read more): The generally permits eligibl...
- Stick to the facts when firing employee who complained of discrimination
- No notice when suing gov't for workers' comp retaliation
- Lawsuit-free hiring: The 5 laws you need to know & 4 steps you need to take
- OSHA claims Niles dentist muzzled whistle-blowers
- Checks fly, banker goes to jail ... and the bank fails