FMLA

10 Jul Pregnancy Disability Exception

The undue burden exception to an employer's obligation to accommodate a disability by providing a leave of absence, is not applicable in the case of a pregnancy disability. The reasoning behind this exception is that a pregnancy disability or medical condition is assumed to be for a finite period of time. In other words, once the mother gives birth, recovers, and is no longer pregnant, the assumption is that she will no longer require an accommodation for the pregnancy-related medical condition or disability. So, an employer cannot defend against a claim of disability discrimination or pregnancy related disability discrimination by arguing an undue burden or hardship. An employer can bring forward many arguments that they feel would be characterized as an undue burden. For instance, suppose it is a small employer and you are a key employee, like a CFO or some other C-level executive. If you were to need a leave of absence that goes on for a long period of time, the employer might successfully argue that your absence creates an undue hardship for the company because they have to essentially keep your job open for you and not replace you, or at least not replace you permanently. A larger multinational company, in contrast, is more capable of absorbing an extended leave of absence of any employee, so that would be taken into consideration with respect to an undue hardship defense. If you believe that your employer has failed to provide you a reasonable accommodation for a disability, pregnancy related or not, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful conduct by your employer. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability accommodation matters. Contact the Khadder Law Firm today for a free consultation....

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03 Jul The “Undue Burden” Exception to Medical Leave

The employer must provide you a leave of absence with the purpose of allowing you to obtain treatment and recover from a disability. You can only get a finite leave of absence, but it could be quite a long time. For some of my clients, under very specific circumstances, they have been able to get more than a year of leave. The caveat is that an employer only has to provide a leave of absence above and beyond the Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) leave of absence as long as it doesn't create an "undue burden" for the employer. What constitutes an undue burden is determined on a case-by-case basis. If you believe that your employer or prospective employer has failed to provide you with a leave of absence for a disability, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful conduct by your employer. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of disability leave matters. Contact the Khadder Law Firm today for a free consultation....

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25 Jun The Family Medical Leave Act (FMLA) and Caring for Others

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) not only provide for a protected leave for your own serious medical condition, but also for the serious medical condition of an immediate family member. For example, if your child or spouse is experiencing a serious medical condition, you could be entitled to FMLA or CFRA leave. Once you've exhausted your FMLA/CFRA leave, you are no longer protected under the FMLA/CFRA. However, your employer may have to provide you a further leave of absence. The Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) have separate and additional requirements for an employer to accommodate a disability. So, if your serious medical condition qualifies as a disability, you would also be entitled to a leave of absence to accommodate that disability in addition to any FMLA or CFRA leave. Conceivably, an employee could be off for an entire year of protected leave if they have a disability. Often, if you have a disability, that would also qualify as a serious medical condition. If you believe that your employer or prospective employer has failed to comply with its obligations under the FMLA or CFRA, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful violations of the FMLA or CFRA. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of FMLA and CFRA matters. Contact the Khadder Law Firm today for a free consultation....

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20 Jun Important Requirements for FMLA or CFRA Leave

The Family Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) provides certain requirements, duties and obligations on the part of the employee and the employer. For instance, the employee has a duty to provide notice of a serious medical condition that may require a leave of absence. You don't have to expressly request FMLA or CFRA leave by name to be entitled to the leave of absence, but you have to provide your employer with notice of a serious medical condition. If an employer has notice of a serious medical condition, then they have an obligation to offer you FMLA or CFRA leave. Once you provide notice, the employer may require certification from your physician. There is a standard form that is provided by the State of California, or the employer can use their own form. Essentially what the form requires is for the physician to characterize your medical condition as being a serious medical condition. The form does not have to reveal the nature or the specifics of the serious medical condition. It only needs to certify that you have a medical condition. Your physician should also provide expected leave dates indicating how long you will be out on medical leave. In order to qualify for FMLA or CFRA leave, you have to have been employed for essentially a year. It is actually calculated by the number of hours you have worked. Specifically, you must have worked at least 1,250 hours over a 12 month period prior to your need for leave. As long as you have worked the minimum amount of hours for the employer, then you are entitled to FMLA/CFRA leave for your serious medical condition.   Once you provide certification from your doctor, the employer must notify you whether you have qualified for FMLA or CFRA leave. The law requires a minimum of 30 days notice before you take the leave of absence, but it also permits for a shorter notice period for emergency situations, in which case you have to notify the employer as soon as practicable. If you believe that your employer or prospective employer has failed to comply with its obligations under the FMLA or CFRA, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful violations of the FMLA or CFRA. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of FMLA and CFRA matters. Contact the Khadder Law Firm today for a free consultation....

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20 Jun The Family Medical Leave Act and the California Family Rights Act

The Family Medical Leave Act (FMLA) and the California equivalent, the California Family Rights Act (CFRA), provide for up to 12 weeks of leave in a one year period for a serious medical condition. The FMLA and CFRA also provide employees with protected leave to care for a family member with a serious medical condition. It is protected leave, so your employer is required under the law to give you a leave of absence for a serious medical condition, and must not interfere or retaliate against you for taking a leave for a serious medical condition. For instance, your employer is not allowed to terminate you because you requested or took FMLA or CFRA leave. Your employer has a duty to restore you to the same position you held once you come back from your FMLA or CFRA leave of absence. And, if for some reason the position is no longer available, they have a duty to reinstate you to a comparable position. Furthermore, your employer cannot retaliate against you for taking protected leave. FMLA leave is unpaid leave. But you may be able to get a portion of your wages through the state of California for at least a few weeks. In 2018, California will increase the percentage of your wages you can receive while on leave. If you believe that your employer or prospective employer is interfering with your leave rights under the FMLA or CFRA, or is retaliating against you for exercising those rights, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful violations of your leave right. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of FMLA and CFRA retaliation and interference. Contact the Khadder Law Firm today for a free consultation....

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