Court Issues Opinion Focusing on CFRA Notice/Reasonable Accommodation
Posted by: Brent Giddens Earlier this month, the California Court of Appeal issued its decision in Faust v. California Portland Cement Company, reversing a grant of summary judgment for the employer due to the Company's failure to give proper CFRA leave notice to an eligible employee on a medical leave of absence. The court criticized the Company for failing to engage in the interactive process concerning any reasonable accommodations which may have existed prior to terminating the employee. Importantly, the court highlighted the fact that an employee need not specifically mention the CFRA (or the FMLA for that matter) to trigger their right to CFRA leave. The court found that the burden rests with the employer to make that determination, and, if appropriate, provide the employee with CFRA benefits. This case underscores the importance of ensuring proper CFRA/FMLA notice is provided to eligible employees and reminds employers that their supervisors and HR personnel must be trained to know what circumstances trigger the right to these leaves. Further, since virtually all employees who are unfit to return to work following a 12 week FMLA/CFRA leave have a protected disability under California law, this case also highlights the importance of ensuring "reasonable accommodations" are considered prior to terminating an employee who cannot timely return from a FMLA/CFRA leave of absence due to their own medical condition. For a copy of the full opinion click here.