An Administrator's Guide to California Private School Law Compendium

C HAPTER 8 – L EAVES A ND A BSENCES D OCUMENT 8.A

C HECKLIST T O B RING Y OUR S CHOOL I NTO C OMPLIANCE W ITH T HE F EDERAL A ND S TATE F AMILY A ND M EDICAL C ARE L EAVE A CTS  Post required DOL and DFEH notices and develop a formal written leave policy which includes discretionary provisions of the laws. The policy should, at a minimum, include:  Which employees are eligible for leave;  The reasons leave may be granted;  The obligation to fill out a request for leave form;  The obligation to provide a medical certification;  Whether accrued leave must always be exhausted in connection with family/medical care leave;  An employer and employee notice procedures;  Any requirements for the employee to make premium payments to maintain health insurance, and any potential liability for failure to pay premiums (particularly when employee is on unpaid leave).The obligation to provide a fitness-for-duty certification for employee’s on leave for their own serious health condition; The obligation to provide a fitness-for-duty certification for employee’s on leave for their own serious health condition;  Notice that misuse or abuse of FMLA/CFRA/PDL leave may result in discipline, up to and including termination.

 Create internal procedures that anticipate employee leave: 

Train supervisors regarding employees’ and the school’s rights and obligations; Track employees’ eligibility for leave and utilization of leave;



 Regularly update leave request and notice forms to ensure compliance with laws  Prepare for accomplishing job duties while employees are on leave;  Contact benefit providers and check contracts to ensure continuation of benefits for employees on leave;  Develop billing procedure for all benefits employees want to continue while on leave;

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 99