The Governing Board shall grant Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL) leave to eligible employees in accordance with current state and federal law. Employees taking this leave shall be reinstated in the same or a comparable position upon returning from family care leave, except as allowed by law.
The district shall not deny any eligible employee his/her right to family care, medical, or pregnancy disability leave pursuant to the FMLA, CFRA, or the Fair Employment and Housing Act (FEHA) or restrain or interfere with the employee's exercise of such right. In addition, the district shall not discharge an employee or discriminate or retaliate against him/her for taking such leave or for his/her opposition to or challenge of any unlawful district practice in relation to any of these laws or for his/her involvement in any related inquiry or proceeding. (Government Code 12945, 12945.2; 2 CCR 11094; 29 USC 2615)
Employees who take medical leave for their own serious health condition shall present certification from their health care provider to the effect that they are able to resume work.
(cf. 4030 - Nondiscrimination in Employment)
(cf. 4112.4/4212.4/4312.4 - Health Examinations)
(cf. 4161.1/4361.1 - Personal Illness and Injury Leave)
(cf. 4261.1 - Personal Illness and Injury Leave)
(cf. 4032 - Reasonable Accommodation)
(cf. 4033 - Lactation Accommodation)
Legal Reference:
GOVERNMENT CODE
12940 Unlawful employment practices
12945 Pregnancy; childbirth or related medical condition; unlawful practice
12945.1-12945.2 California Family Rights Act
19702.3 Family care leave; exercise of rights
CODE OF REGULATIONS, TITLE 2
7291.2-7291.16 Sex discrimination: pregnancy and related medical conditions
7297.0-7297.11 Family care leave
UNITED STATES CODE, TITLE 29
2601-2654 Family and Medical Leave Act of 1993
CODE OF FEDERAL REGULATIONS, TITLE 29
825.100-825.800 Family and Medical Leave Act of 1993
Management Resources:
WEB SITES
U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division: http://www.dol.gov
Policy ESCONDIDO UNION HIGH SCHOOL DISTRICT
adopted: February 19, 2002 Escondido, California
revised: October 13, 2015