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An amendment to California’s Healthy Workplaces, Healthy Families Act of 2014 requires employers to offer employees three days or 24 hours of paid sick leave per year. The original law required employers to provide at least one hour of paid sick leave for every 30 hours worked, or to provide an up-front allocation of at least 24 hours. The accrual requirement created a big headache, since most employers do not accrue paid time off on a per-hour basis.
Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.
Always view termination as an act that might be challenged in court. That’s especially true if the employee has taken FMLA leave in the past. Lawyers love to file FMLA retaliation suits, which can be lucrative. Defend against them by backing up your termination decision with solid documentation of performance or behavior problems.