A common area of law that is confronted by employers and employees on a routine basis concerns leave policy, such as:

• Family and Medical Leave Act
• California Family Rights Act
• Pregnancy Disability Leave
• Paid Family Leave

Specifically, in examining the employees’ rights for each of these types of leave policy, the following issues often require careful consideration:

• Is the employer covered under the Act?
• Is the employee eligible for taking the leave?
• What is the length of the leave?
• Does the employee have a right of reinstatement after the leave?
• What is the employer’s duty in designating the type of leave?
• What is the employee’s duty in providing notice and medical certification?

Further, many of these types of leaves have significant interactions with the Americans with Disabilities Act and the California Fair Employment and Housing Act. The interplay between these laws could create substantial liability for employers. Our firm provides clients a comprehensive review of the respective rights of the employers and the employees in assessing the best strategy for the clients to proceed in these cases.