Leaves of Absence

Whenever I do employee handbook reviews for new clients, I make sure to always remove their no-fault attendance policies.  These are policies where discipline is automatic after a certain number of absences or a certain number of days of reporting to work late – regardless of the reason for the absence or tardiness. These policies could open an employer up to liability for violating state and federal law requiring reasonable accommodation for employees with disabilities, state and local law providing for mandatory paid sick leave, as well as various other protected leave laws.

I’ve previously written about the importance of distributing employee handbooks, employment arbitration agreements and confidentiality agreements to your workforce. However, if you have employees who have little English literacy, it is important that you also provide translations of these key documents to your non-English speaking employees.

Starting January 1, 2018, California’s New Parent Leave Act will require employers with between 20 and 49 employees to provide eligible employees with up to 12 weeks of unpaid, job-protected leave to bond with a new child. The leave must be taken within one year of the child’s birth, adoption, or foster care placement.