An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

For example, an employee who breaks her leg at the beginning of her two-week ski trip requests six weeks of FMLA leave after her two-week vacation leave has expired. The school may retroactively count the time after she broke her leg as FMLA leave. 1255 If a school does not properly designate leave, the school may retroactively designate leave as FMLA leave with appropriate notice to the employee as required by the FMLA regulations provided that the school’s failure to timely designate leave does not cause harm or injury to the employee. In all cases where leave would qualify for FMLA protections, a school and an employee can mutually agree that leave be retroactively designated as FMLA leave. 1256 iii. Consequences Of Failing To Provide Notice Failure to follow the FMLA’s notice requirements may constitute an interference with, restraint, or denial of the exercise of an employee’s FMLA rights. 1257 A school may be liable for compensation and benefits lost by reason of the violation, for other actual monetary losses sustained as a direct result of the violation, and for appropriate equitable or other relief, including employment, reinstatement, promotion, or any other relief tailored to the harm suffered. 1258 2. CFRA The CFRA contains different and important standards for granting leave and providing notice. Unlike the FMLA, the CFRA does not set forth different types of notices the school is required to provide. a. Granting Leave Schools must respond to a leave request as soon as possible and, in any event, no later than five business days after receiving the request. They must also attempt to respond to the leave request before the date the leave is to begin. Once given, approval shall be deemed retroactive to the first day of the leave. 1259 Failure of the school to give such notice shall preclude the school from taking any adverse action against the employee, including denying CFRA leave, for failing to furnish the school with advance notice of a need to take CFRA leave. 1260 b. Notice Of Right To Leave Schools must provide notice to their employees of the right to request family care or medical leave under the CFRA. Schools may use the Fair Employment and Housing Commission’s notice or develop their own notice based on their own school’s policies and practices. 1261 Schools must post the notice in a conspicuous place or places where employees tend to congregate. If the school publishes an employee handbook which describes other kinds of personal or disability leaves available to its employees, the school must include a description of the CFRA in the next edition of the handbook it publishes.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 290