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 view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.