Chula Vista Employment Attorneys

Employment Attorneys Servicing Chula Vista California

In California, employees have a number of laws protecting their rights, and Stephen Danz and Associates prides itself of standing up for justice spanning four decades.  We are a California law firm with attorneys representing plaintiff employees in most of the state’s major cities.  Our attorneys cover cities in Northern California and Southern California as the State’s courts are as specialized and diverse as the State’s landscape.  In Chula Vista, California, our employment lawyers are highly specialized and handle complex employment lawsuits where private individuals trust us to bring forth their cases in local, state and federal courts.

What is Reasonable Accommodation of Disability in California?

One of the most common types of cases that our attorneys handle is when an employee is disabled and suffers disability discrimination.  In this scenario, the employee is unable to perform his or her job after exhausting Family Medical Leave Act or California Family Right Act.  These types of employees may be entitled to additional leave as a reasonable accommodation of a disability under the Fair Employment and Housing Act (“FEHA”) and the Americans with Disabilities Act of 1990 (“ADA”) (See Maharaj v California Bank & Trust (ED Cal 2012) 909 F Supp 2d 1198, 1204 (summary judgment was denied when bank terminated teller on expiration of 12-week medical leave but teller could have performed job with ADA leave extension).  We ensure that employees who suffer from a disability are provided reasonable accommodation, and their rights are assured.

 

How FMLA, CFRA, and NPLA Interact?

FMLA and CFRA Leaves Run Concurrently

We advise our clients that many laws have a statute of limitation (or a time clock to bring a lawsuit).  In fact, the clock starts running on an employee’s FMLA or CFRA leave when the employer designates it as FMLA or CFRA leave and gives notice of the designation to the employee. Further, FMLA and CFRA  leaves run concurrently if an employee is taking leave for a purpose covered by both laws (“Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA”). For example, one of our clients was an employee who exhausted 12 weeks of CFRA leave to bond with a newborn and therefore had no remaining FMLA leave within the applicable 12-month period because the employer designated the leave as both FMLA and CFRA leave.

Even though FMLA and CFRA leaves generally run concurrently, there are two significant exceptions: First exception is when the leave is for a pregnancy-related disability; Second exception is when leave is taken under the CFRA to care for a registered domestic partner with a serious health condition.

 

If Two Laws Apply, Which One Should the Employee Use?

Greater Benefit Applies

As is the case with all federal laws, the FMLA regulations recognize and specifically allow for greater state law protection. In fact, nothing in FMLA supersedes any provision of state or local law that provides greater family or medical leave rights than those provided by FMLA.  In addition, the CFRA regulations incorporate by reference the FMLA regulations to the extent that they are within the scope of the CFRA and not inconsistent with the CFRA regulations, other state law, or the California Constitution. The appropriate way to view these overlapping laws and regulations is that the one that provides an employee with the greatest protection applies.

 

What Are the Most Common Types of Leaves that Cause Litigation In California?

Pregnancy disability leaves, including leave under California’s Pregnancy Disability Leave Law and the federal Pregnancy Discrimination Act of 1978 (PDA);

Disability leaves, including leave under California’s Fair Employment and Housing Act and the federal Americans with Disabilities Act, leave under the federal Rehabilitation Act of 1973 , and leave because of work-related injuries; and

Leaves for miscellaneous reasons, including jury duty, organ donation, military service, and voting.

What are the Most Common Types of Pregnancy Leave Laws Underlying Litigation in California?

Pregnancy Disability Leave Law (PDLL)

California’s Pregnancy Disability Leave Law (“PDLL”), which is part of the California Fair Employment and Housing Act (“FEHA”), allows eligible employees of covered employers up to 4 months of leave when the employee is “disabled by pregnancy, childbirth, or a related medical condition.” It is against the law for an employer to have an employment practice to refuse to grant pregnancy disability leave when an eligible employee is disabled by pregnancy.  It is also unlawful for an employer to retaliate in any way against an employee for attempting to take or taking leave under the PDLL.

The federal Pregnancy Discrimination Act of 1978 (“PDA”) is related to the PDLL.  It mandates that employees temporarily disabled by pregnancy, childbirth, or related medical conditions are accorded the same benefits as are available to employees who are otherwise similarly temporarily disabled in their ability or inability to work. In fact, the PDLL was based on the PDA, and both statutes aim to promote equal employment opportunity and ensure that pregnant women do not lose their jobs.  However, unlike the PDLL, the PDA is not an express leave statute, although leave may be a benefit available to employees disabled by pregnancy.