Sacramento Employment Lawyer

California Medical Leave Law: FMLA / CFRA Certification Requirements

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Under FMLA (Family Medical Leave Act) and its California counterpart - CFRA (California Family Rights Act), the employer may require the employee to submit a certification by the employee's health care provider, which "shall be sufficient if it includes all of the following: (a) the date on which the serious health condition commenced; (b) the likely duration of condition; and (c) a statement that, due to the serious health condition, the employee is unable to perform the function of his/her work position. Cal. Gov. Code section 12945.2(k)(1). Clearly, this law contemplates that the privacy rights of the employee's medical conditions have to be protected and that the FMLA/CFRA certification should be general enough to avoid disclosure of sensitive medical information, such as an employee's specific medical condition and diagnosis. This can be particularly important if the employee is about to undergo a politically/socially controversial procedure such as vasectomy or abortion, for instance. No employee would be interested in having his relationships with co-workers and superiors affected by undergoing a procedure that some people oppose on moral, political or religious grounds. After all, it is not uncommon that revealing such sensitive information give rise to conflicts at work place and even harassment and discrimination.

An employer who "has a reason to doubt the validity of "the employee's health certification "may require, at the employer's expense, that the employee obtain the opinion of a second healthcare provider, designated or approved by the employer, concerning any information certified. If there is a difference in opinion between the two evaluations, the employer may require, at the employer's expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee. In that case, the opinion of the third provider will be binding on the employer and the employee. Cal. Gov. Code section 12945.2(k)(3)(D). 

During the employee's medical leave, the employer must continue to provide the employee with health benefits, and upon return to work, the employee must be given the same seniority as before the leave. Cal. Gov. Code section 12945.2(g).

Employee Medical Leave - Notice Requirements under FMLA

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Under FMLA (Family Medical Leave Act), an employee must provide the employer with enough information and notice for the employer to reasonable suspect that the employee may qualify for FMLA leave (or CFRA - California Family Rights Act). The employee can do this by stating that the reason he needs the leave is because of the serious medical condition or the impending medical treatment. 

Employer, who terminate an employee who would otherwise qualify for FMLA, often justify termination by arguing that firing an employee was legal because he did not specifically request FMLA or CFRA leave. However, this defense has no merit, as the California regulations are clear that an employee does not need to specifically mention the words FMLA or CFRA to meet the notice requirement. All that an employee needs to do to qualify for such leave is to state the reason why the leave is needed. In fact, the courts have found that notice may be sufficient when employees call employers to tell them that they or their children are sick and they will be absent from work. Once such notice is provided, it is the responsibility of the employer to inquire further whether the same employee is actually qualified for FMLA leave. 

Medium size employers in the Sacramento area are particularly prone to violating FMLA, as they are large enough to be bound by the FMLA provisions, but often do not have the infrustracture in place to educate their supervisors and managers on handling requiest for medical leave.

Violations of FMLA may give rise to other claims, including retaliation for asserting FMLA rights, disability discrimination and failure to accomodate, if FMLA leave is requested in connection with the serious medical condition which may be considered a disability and other actions.