NOTIFICATION OF RIGHTS UNDER CALIFORNIA'S LEAVE LAW REQUIRED

A California Court of Appeal recently held that an employer was not entitled to summary judgment on an employee’s claim under the California Family Rights Act (“CFRA”) where the employer failed to show that it posted a notice or otherwise informed the employee of his rights under CFRA.

When the employee in Faust v. Portland Cement Company first began his leave, he sent his employer a note from a psychiatrist. After the first month of the leave, the employee then submitted a note from a chiropractor extending the leave for another month. The employer responded to the chiropractor’s note by telling the employee that the note was “inappropriate” and “incomplete.” When the employee failed to send additional information, the employer terminated him.

The Suit and The Appeal

The employee’s lawsuit included a claim for violation of CFRA. The trial court granted the employer’s motion for summary judgment based on the plaintiff’s “insubordination” in refusing to communicate about his requested leave and failing to provide additional information. The Court of Appeal reversed the summary judgment, explaining that the employer had failed to provide notice to its employees of the right to request CFRA leave. The Court of Appeal further explained that Faust “provided verbal notice sufficient to make [the employer] aware that he needed leave pursuant to CFRA.”

What Does This Mean For Employers?

The Faust decision serves as a reminder of the importance of posting the required notices under CFRA and all other applicable laws. In addition to the required postings, employers should also include descriptions of their leave of absence policies in employee handbooks. Care should be taken when drafting such policies to ensure that they put employees on notice of all of their obligations when requesting approval for such leaves.

Our lawyers have extensive experience with personnel policies. If you would like to discuss revisions to your Employee Handbook, please contact any one of them.