Don’t require FMLA certification for CFRA leave — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Don’t require FMLA certification for CFRA leave

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in FMLA Guidelines,Human Resources

California employees have additional rights to family and medical leave under the California Family Rights Act (CFRA). Don't require an employee to provide an FMLA certification form if she is seeking CFRA leave.

What suffices: A doctor’s note with the date the serious health condition began, how long it will last and that the employee is unable to perform her job.

Recent case: Nancy went out on medical leave after being “traumatized” when a co-worker spread rumors about her sex life. Her employer demanded she get her doctors to fill out a Department of Labor-approved FMLA certification. She provided a simple doctor’s excuse instead.

When Nancy was fired, she sued, claiming interference with her CFRA rights. The court agreed that her rights had been violated. (Ramirez v. Smurfit-Stone, No. B247935, Court of Appeal of California, 2nd Appellate District, 2014)

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