California employees have additional rights tounder the California Family Rights Act (CFRA). Don't require an employee to provide an 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-approvedcertification. 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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Scrub unnecessary FMLA references from handbook
- Can we deduct pay from exempt employees who have used up PTO and FMLA leave?
- No liability if psych patient cleared to work
- Make sure employees understand the method you use to calculate FMLA leave