Whenever an employee is absent or requests time off work because of an illness, injury or other health condition, the employer must immediately determine what laws apply in order to determine its rights and obligations, and those of the employee. This involves a three-step process: (1) determining what statutes apply to the employer; (2) determining what statutes apply to the employee; and (3) determining what statutes apply to the employee's health condition.
What Statutes Apply To The Employer?
1. ADA: Employers with 15 or more employees
2. FMLA/CFRA: Employers with 50 or more employees
3. FEHA: Employers with 5 or more employees, but only employers with 15 or more employees are subject to obligations regarding mental disability
4. Workers' Compensation: All private employers
What Statutes Apply To The Employee?
1. ADA: Applies to the employee who is "qualified," that is, who satisfies the requisite skill, experience, education and other job-related requirements of the employment position and who is able, with or without reasonable accommodation, to perform the essential functions of the job
2. FMLA/CFRA: Applies to the employee who has worked for employer for at least 12 months, has worked at least 1,250 hours in the preceding 12-month period, and works within 75 miles of 50 other company employees
3. FEHA: Applies to all employees, including employees compensated by temporary service agencies, but not independent contractors
4. Workers' Compensation: Applies to all employees, except independent contractors or unpaid volunteers who are injured on the job.
Be aware of your rights