FMLA Forms and California Law

January 18, 2009 by  

New Family and Medical Leave Act (FMLA) regulations became effective January 16, 2009. Included in the regulations are a number of new forms for administration of leaves. However, employers in California also must comply with the California Family Rights Act (CFRA) which provides similar rights to take leave for California employees but differs from the federal law on a number of issues. Therefore, the new FMLA forms should not be used without making sure that the information provided or requested also complies with California law. For example, for use in California, the Certification of Health Care Provider should include a statement that the health care provider is not to disclose the underlying diagnosis without the consent of the patient.
Contact the attorneys at Employer’s Legal Advisor for assistance.

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