Leaves of Absence and Other Time Off Challenges in California Society of Human Resource Management

Mary L. Topliff, Esq.

Types of Time Off Protected by CA/Federal Laws • Employee Illness/Injury • San Francisco Paid Sick Leave ordinance • Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) if serious health condition • Americans with Disabilities Act (ADA)/CA Fair Employment & Housing Act (FEHA) disability accommodation • Workers’ compensation (CA Labor Code) • Drug/alcohol rehabilitation (CA Labor Code)

• Pregnancy • CA Pregnancy Disability Act (part of FEHA) • FMLA 2

Types of Time Off Protected by CA/Federal Laws • Baby Bonding • FMLA/CFRA

• Family Illness • SF Paid Sick Leave ordinance • Kin Care (Labor Code §233) • FMLA/CFRA if serious health condition

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Types of Time Off Protected by CA/Federal Laws • Parental • School visits/discipline (CA Labor Code)

• Personal Safety • Domestic violence-related leave (CA Labor Code) • Court time re injunction/trial (CA Labor Code)

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Types of Time Off Protected by CA/Federal Laws • Military/Volunteer Service • Uniform Servicemember Employee Rights & Responsibilities Act (USERRA) • FMLA for exigent circumstances associated with family member’s call to active duty • Spousal deployment leave (CA Military Code & FMLA) • Volunteer firefighter (Labor Code)

• Civic Duty • Jury duty, witness subpoena, voting (Labor & Elections Code) 5

Types of Time Off Protected by Law • Eligibility depends on Size of Employer, Employee’s Work Location, Length of Service (for some, not all laws) • Generally, work location >50 employees = full panoply of time off laws apply • Work location