Medical leave

Cheryl Cloes

We have an employee who will be requiring a medical leave - amount of time is curently uncertain. Can anyone tell me what she is legally entitled to? We are located in California.

Thanks.

System

Well, your question is very broad, but I will give you a rundown of the basics. This list is not all-inclusive and you should review your employee handbook, company policies, and consult with counsel for advice on your specific situation.

Paid sick leave may be provided to employees according to an employer's policy or handbook (with some restrictions under state law).

An employee with a "serious health condition" may be entitled to up to 12 weeks of unpaid leave under the California Family Rights Act (CFRA)and the federal Family and Medical Leave Act (FMLA). A serious health condition may include: an illness, injury or mental condition requiring inpatient care or an absence of more than three consecutive days plus treatment or pregnancy related conditions among others. An employee is eligible for CFRA/FMLA leave if the worker:(1) performed at least 1,250 hours of service during the 12 months period immediately preceding the start of the leave; and (3) is employed at a work site having 50 or more employees within a 75 mile radius. You must designate the employee's absences as CFRA/FMLA leave in writing and generally within 2 business days. Also, be aware that although the FMLA and the CFRA are similar, they have some important distinctions.

If the illness or injury is work-related, workers' compensation law applies. You should consult a workers' compensation attorney about the specifics of workers' compensation leave and benefits.

If the employee is pregnant, she may be entitled to up to 7 months of leave by stacking state pregnancy leave with CFRA/FMLA leave.

If domestic violence is involved, you are required under state law to grant the employee leave to "protect themselves or others from domestic violence."

If the employee is disabled, you may be required to provide unpaid leave as a reasonable accommodation under the California's Fair Employment and Housing Act (FEHA) or the federal Americans with Disabilities Act (ADA). Under the ADA, to be disabled a worker must be "substantially limited in a major life activity." The state FEHA standard is less stringent, requiring that a worker merely be limited in a major life activity." The amount of leave that may be required under the FEHA or the ADA is not mandated -- it must simply be "reasonable."

Cheryl Cloes

Thank you for the information. Our company has less than 20 employees so it doesn't look like the CFRA and FMLA would apply. Our handbook states 2 months, however our employers are very generous and flexible. If you are aware of any law that pertains to an office with less than 20 employees I'd appreciate the information.

Thanks!