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Expert Analysis

Calif.'s Take On Discharging An Employee From Leave

Law360, New York (January 15, 2013, 12:36 PM EST) -- In general, California's Moore-Brown-Roberti Family Rights Act, also known as the California Family Rights Act (CFRA), like the federal Family and Medical Leave Act (FMLA), requires employers to reinstate employees to their job positions or to a comparable job position upon return from family leaves of absence. Cal. Govt. Code § 12945.2(a). What happens, though, when the employer develops an honest belief during the leave that the employee is not, in fact, qualified to take family leave? Is that honest belief sufficient to allow the employer to discharge the employee?...

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