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Tag Archives: Leave

Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”

Posted in FMLA and Other Leaves of Absence

Co-authored by Lizbeth West, Published by LexisNexis Book Highlights: How to navigate the complex issues surrounding family leave, military leave, worker’s compensation and personal time. Insightful analysis of the key employment features to keep in mind when dealing with leave law in California. Determinative considerations in accounting for the many different California and federal rules… Continue Reading

Upcoming Seminar: Pregnancy Leave, Accommodation and Discrimination – Don’t Wait for the Stork to Teach You What It All Means

Posted in Discrimination, FMLA and Other Leaves of Absence

Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees. Program Highlights Pregnancy Disability Leave (PDL) PDL versus FMLA/CFRA Reasonably Accommodating Pregnant Employees Pregnancy Discrimination What are the Courts saying? Date:   September 12, 2013 Time:   9:30 a.m. – 11:30 a.m. Location:  Weintraub… Continue Reading

Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Posted in FMLA and Other Leaves of Absence, Labor Law

Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading

Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

Posted in FMLA and Other Leaves of Absence

By:  James L. Brannen In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with… Continue Reading

Are You Ready For Your New Compliance Obligations Under The FMLA?

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Lizbeth V. West, Esq. Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight… Continue Reading

Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading

Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Retaliation and Wrongful Termination

By:       Lizbeth V. West, Esq. Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

New FMLA Regulations for Military Family Leave and Other Updated FMLA Regulation

Posted in FMLA and Other Leaves of Absence

In January 2008, President Bush signed into law the expansive amendments to the FMLA which provide greater benefits to employees who have family members in the armed services. The new law became effective immediately. On November 17, 2008, the DOL issued final regulations addressing the new military family leave as well as updating existing FMLA… Continue Reading