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Nov 5
Leaves of Absence in California Part II

The following is not meant to be legal advice.

 

On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire, LLP were in San Francisco to discuss leave laws.

 

There are various triggering events for leave eligibility to kick in for an employee.  One of them is baby bonding, for example.  In baby bonding, it is time off to get acquainted with a child, not solely for when a child is sick. 

In determining a serious health condition for leave eligibility, it is the doctor, not the company or its human resources department that determines the medical condition.  This is because an employee may not want the employer to know about the condition and is not truthful on the conditions.  The company should not determine someone’s condition based on personal experience.  Fraud by the doctor may be determined by investigating the doctor’s license or making sure a certification is signed.

Absent

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