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September 09, 2011
When Leave of Absence Laws Are Concurrent or Consecutive

In a BLR webinar entitled " Leaves of Absence: How to Correctly Coordinate -- and Calculate -- ADA/FEHA, FMLA/CFRA, Workers' Compensation and Pregnancy Disability Leaves," Jennifer K. Achtert, Esq., and Christina M. Kotowski, Esq., Of Counsel in the San Francisco office of Fisher & Phillips LLP, described the "pieces of the leave puzzle."

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  • Family and Medical Leave Act (FMLA)
  • California Family Rights Act (CFRA)
  • California Fair Employment and Housing Act (FEHA)
  • Americans with Disabilities Act (ADA)
  • Pregnancy Disability Leave
  • Workers' Compensation
  • State Disability Leave (SDI)
  • "Paid Family Leave"

With FMLA, CFRA, ADA or FEHA, employees who exhaust family and medical leave may be entitled to additional leave as reasonable accommodation for a disability. Additional leave can be denied if there is an undue hardship.

FMLA/CFRA are usually concurrent, except for pregnancy, childbirth or baby-bonding or when domestic partners are involved. Pregnancy Disability Leave may be concurrent with FMLA and is always consecutive with CFRA.

Workers' Compensation and FMLA/CFRA are concurrent. Workers' Compensation and ADA/FEHA are considered independently. Beware of following Workers' Compensation restrictions and forgetting about ADA/FEHA requirements!

For ADA and FEHA, leave provided as a reasonable accommodation for a disability counts under both statues.

SDI and "Paid Family Leave" are wage replacement programs only and do not provide additional statutory leave.

Jennifer K. Achtert, Esq. and Christina M. Kotowski, Esq., are both Of Counsel in the San Francisco office of Fisher & Phillips LLP (www.laborlawyers.com). Ms. Achtert's practice involves employment-related litigation, including defending employers against claims of discrimination, retaliation, wrongful termination, and numerous other torts. Ms. Kotowski's practice includes representing employers in discrimination, harassment, retaliation and wrongful termination lawsuits and appeals, and proceedings before administrative agencies.

Need help staying on top of critical HR and Compensation issues? See all the webinars BLR has to offer.

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