Americans with a Disability Act (ADA)
- A person who is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because he/she uses a mitigating measure, then that person will not meet the ADA's first definition of "disability."
- Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.
Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
- Applies to all California employers with at least 50 employees within a 75-mile radius.
- Both provide up to 12 weeks of unpaid leave per year for eligible employees, continuation of benefits and job protection. While these leaves are unpaid, employees can consider other options for compensation including State Disability Insurance, vacation/PTO, sick leave, disability leave and/or workers’ compensation.
- An employee need not specifically mention the CFRA (or the FMLA for that matter) to trigger their right to CFRA leave. The burden rests with the employer to make that determination, and, if appropriate, provide the employee with CFRA benefits.
Pregnancy Disability Leave (PDL)
- Employers are required to offer PDL with five or more employees.
- Provides up to four months of unpaid leave for a disability due to pregnancy, childbirth or a related medical condition. FMLA leave runs concurrently. PDL is separate from the12 week leave under CFRA, and can be taken as additional time. While these leaves are unpaid, employees can consider other options for compensation including State Disability Insurance, accrued vacation (PTO) and/or sick leave.
Kin Care Leave
- Allows employees to use up to half of their accrued sick leave/PTO benefits to care for a sick family member, including a child, parent, spouse or registered domestic partner.
- All California employees who are provided sick leave or PTO by their employer are covered.
California Military Family Leave Act
- The Act applies to any “qualified employer” with 25 or more employees.
- Requires employers to provide up to ten days of unpaid leave to eligible employees who are spouses of deployed military servicemen and servicewomen. The leave may be taken when the military spouse is on leave from deployment during a time of military conflict. This leave is not counted as FMLA leave. It may run concurrent with FMLA leave when the reason for the leave is FMLA-qualifying.
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