An Administrator's Guide to California Private School Law Compendium

 Did the employee provide adequate medical certification? 

If not, has the school advised the employee the specific information needed and provided the employee the opportunity to correct/cure the deficiencies?

Does the school want a second or third medical opinion?



 If the employee was receiving health benefits, has the school maintained those benefits (i.e. health, dental, vision, mental health counseling, substance abuse treatment)?  Is the school recovering the employee’s portion of health premiums? Is the school tracking the use of FMLA, CFRA, and paid leaves?  If the school failed to properly designate the leave, has the school evaluated whether it can retroactively designate the leave as FMLA/CFRA qualifying?  Approximately two weeks prior to the expiration of the leave, has the school contacted the employee about his/her intent to return to work?  If the employee does not return to work and health insurance is not being maintained, has the school provided the required COBRA notices?  If the employee is disabled, has the school engaged in the interactive process about the possibility of a reasonable accommodation, which may be additional leave?  Has the employee been restored to the same or equivalent position?  If the employee resigns instead of returning to work, has the school considered whether it can recover the health care premiums paid during the leave?

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 102