An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

the employee is permitted, but not required, to accept a light duty position. Moreover, the employee may no longer qualify for payments from the workers' compensation benefit plan, but he or she would be entitled to continue on unpaid FMLA leave either until the employee is able to return to the same or equivalent job the employee left or until the 12-week FMLA leave entitlement is exhausted. 1239 2. CFRA The CFRA makes a distinction between certifications for an employee’s own serious health condition and one for a family member. a. Certifications For An Employee’s Child, Parent, Spouse, Or Registered Domestic Partner Certifications for an employee’s child, parent, or spouse (including a registered domestic partner) need not identify the serious health condition involved. If the certification sets forth the following, the school must accept it as sufficient. 1240  The date, if known, on which the serious health condition commenced;  The probable duration of the condition;  An estimate of the time period the health care provider believes the employee needs to care for the child, parent, spouse, or registered domestic partner; and Upon expiration of the time period which the health care provider originally estimated that the employee needed to take care of the employee’s child, parent, or spouse (including a registered domestic partner), the school may require the employee to obtain recertification if additional leave is requested. 1241 b. Certifications For The Employee’s Own Serious Health Condition Certifications for the employee’s own serious health condition must include the following:  The date, if known, on which the serious health condition commenced;  The probable duration of the condition; and  A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent or spouse.

 A statement that due to the serious health condition, the employee is unable to work at all or is unable to perform one or more of the essential functions of his/her position. 1242

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 286