An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

Upon expiration of the time period which the health care provider originally estimated that the employee needed for his/her own serious health condition, the school may require the employee to obtain recertification if additional leave is requested. 1243 This requirement appears to conflict with the FMLA, which allows for a recertification every 30 days and a new certification every six (6) months. LCW Practice Advisor

Under the FMLA, a school may seek a recertification every six (6) months. 1244 The CFRA, however, only permits a school to require a recertification "upon expiration of the [estimated] time period” and if additional leave time is requested 1245 It is silent as to new certifications every six months. As a result, where an employee produces a valid certification for a "lifetime condition," federal law would permit regular recertifications and even a new certification every six months, but state law is more ambiguous. Unless the school has reason to doubt the validity of the certification, it may be prohibited under the CFRA from demanding a recertification or a new certification even every six months.

c. Second And Third Opinions Although the CFRA provides the same provisions as the FMLA for challenging an employee’s medical certification of his/her own serious health condition, 1246 the CFRA regulations provide that a school cannot challenge the medical certification of a covered family member if the certification satisfies the three criteria mentioned above. The school must accept it as sufficient. 1247 The CFRA regulations also provide that the school is required to provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee. 1248 I. W HAT A RE S CHOOLS ’ O BLIGATIONS I N G RANTING L EAVE A ND P ROVIDING E MPLOYEES W ITH N OTICE O F T HEIR R IGHTS T O L EAVE ? 1. FMLA The FMLA contains a number of important provisions governing a school’s duty to provide leave and notice of an employee’s rights under the Act. The FMLA requires schools to provide four different types of notices: (1) General Notice; (2) Eligibility Notice, (3) Rights and Responsibilities Notice, and a (4) Designation Notice. a. General Notice Under the FMLA, covered employers shall post and keep posted, in conspicuous places on the premises of the school where notices to employees and applicants for employment are customarily posted, a notice to be obtained from the Department of Labor, setting forth excerpts from or summaries of the pertinent provisions of the FMLA, and information pertaining to the

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