An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

2. CFRA The CFRA provisions regarding reinstatement differ from the FMLA in the following respects: a. Guarantee Of Reinstatement To “Same” Or “Comparable” Position Although the FMLA and CFRA provide the same rights to reinstatement and benefits to employment upon reinstatement, the CFRA provides an additional procedural requirement for schools. Upon granting CFRA leave, a school must guarantee in writing (upon request of the employee), to reinstate the employee to the same or comparable position, subject to the “permissible defenses.”. 1305 LCW Practice Advisor Returning a teacher to a different grade may not be the “same” or “comparable” position depending on the requirements of the position and other factors.

b. Defenses To Denying Reinstatement The CFRA has the same two defenses to denying reinstatement as the FMLA. LCW Practice Advisor

Employees are not entitled to reinstatement if they are being disciplined for misconduct or are being laid off. However, schools should anticipate possible claims of retaliation.

O. W HAT R EMEDIES A RE A VAILABLE T O A N E MPLOYEE F OR A S CHOOL ’ S V IOLATION O F T HE A CTS ? 1. FMLA If an employee believes that a school violated his or her rights under the FMLA, the employee may file a complaint with the Secretary of Labor or file a private lawsuit. 1306 The school can be liable for damages, such as lost wages or benefits, interest, or liquidated damages. 1307 Successful employees will also recover attorneys’ fees, expert witness fees, and costs. 1308 2. CFRA It is an unlawful employment practice to discharge, fine, suspend, expel, punish, refuse to hire, or otherwise discriminate against an individual because that individual has exercised rights to CFRA leave and/or given information or testimony regarding his/her CFRA leave, or another person’s CFRA leave. 1309

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