The relationship between employers and employees is often delicate, particularly when it comes to navigating the complex landscape of the Family and Medical Leave Act (FMLA) and employee transfers. In California, the intricacies of these processes are further compounded by state laws that add additional layers of protection and regulation. Balancing the needs of a business with the rights of employees requires a deep understanding of both federal and state regulations. This balance is crucial not only for ensuring compliance with the law but also for fostering a workplace environment that is fair, equitable, and conducive to both productivity and employee well-being.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
The Family and Medical Leave Act (FMLA) was enacted to provide employees with job-protected leave for specified family and medical reasons. This federal law is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. Under the FMLA, eligible employees are entitled to take up to twelve weeks of unpaid leave during any twelve-month period for reasons including the birth of a child, the adoption of a child, the serious health condition of the employee or a family member, or any qualifying exigency arising from the employee’s spouse, child, or parent being on covered active duty in the Armed Forces.
In California, the protections offered by the FMLA are supplemented by the California Family Rights Act (CFRA). The CFRA closely mirrors the FMLA but also includes additional provisions that extend greater benefits and protections to employees. For instance, while the FMLA allows leave for the care of a seriously ill family member, the CFRA expands this definition to include domestic partners. This means that California employees have broader rights under state law, which can be beneficial in ensuring they receive the leave they are entitled to without the fear of losing their job.
Employee transfers, whether temporary or permanent, are another area where the balance between business needs and employee rights must be carefully maintained. Transfers can be initiated for a variety of reasons, including business restructuring, performance issues, or employee requests. However, when an employee is on FMLA leave, or has recently returned from such leave, the situation becomes more complex. Employers must navigate this terrain carefully to avoid the perception of retaliation or discrimination, which can lead to legal challenges.
California law imposes strict rules on how employers must handle employee transfers, especially when FMLA or CFRA leave is involved. Employers are prohibited from retaliating against employees for taking leave under the FMLA or CFRA. This means that if an employee is transferred after returning from leave, the transfer must be justified by legitimate business reasons and not as a punitive measure for taking leave. Employers must document the reasons for the transfer thoroughly and ensure that the transfer does not negatively impact the employee’s terms of employment, such as their pay, benefits, or job responsibilities.
Moreover, any transfer must be consistent with the employee’s skills, experience, and qualifications. An employee cannot be transferred to a position for which they are not qualified, as this could be construed as a demotion or an act of retaliation. In such cases, the employer may be required to reinstate the employee to their original position or a comparable one, with the same pay and benefits they enjoyed prior to taking leave.
The interplay between FMLA, CFRA, and employee transfers requires careful consideration and planning by employers. Failure to comply with these regulations can lead to significant legal consequences, including lawsuits for wrongful termination, discrimination, or retaliation. Employers must ensure that their policies and practices are in full compliance with both federal and state laws and that they are applied consistently across the organization.
One of the key challenges in managing FMLA and employee transfers is communication. Employers must maintain open lines of communication with employees who are on leave or who are being considered for transfer. This communication should be clear, transparent, and documented to avoid any misunderstandings or misinterpretations. Employees should be informed of their rights under the FMLA and CFRA, as well as the reasons for any proposed transfer. They should also be given an opportunity to discuss the transfer and raise any concerns they may have.
In addition to communication, employers must also provide training to their managers and HR personnel on how to handle FMLA leave and employee transfers. This training should cover the legal requirements of the FMLA and CFRA, as well as the company’s policies and procedures for managing leave and transfers. Managers should be trained to recognize potential issues, such as retaliation or discrimination, and to address them promptly and appropriately.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
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I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
Another important consideration for employers is the potential impact of employee transfers on workplace morale. When an employee is transferred, it can have a ripple effect on the rest of the team. Employees may perceive the transfer as a sign of favoritism, discrimination, or retaliation, which can lead to decreased morale and productivity. Employers must be mindful of these potential issues and take steps to mitigate them, such as by providing clear explanations for the transfer and ensuring that it is perceived as fair and justified.
Employers must also consider the potential impact of transfers on the employee’s career development. A transfer can be a positive opportunity for an employee to gain new skills and experiences, but it can also be perceived as a setback if it is not handled properly. Employers should work with employees to ensure that any transfer aligns with their career goals and provides opportunities for growth and advancement.
In some cases, an employee may request a transfer as a reasonable accommodation for a disability. Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would impose an undue hardship on the business. A transfer to a different position or location may be considered a reasonable accommodation if it enables the employee to perform the essential functions of their job. Employers must carefully consider such requests and engage in an interactive process with the employee to determine the most appropriate accommodation.
The complexities of managing FMLA leave and employee transfers in California require employers to be proactive and diligent in their approach. This includes regularly reviewing and updating their policies and procedures to ensure compliance with the latest legal developments. Employers should also seek legal guidance when necessary to navigate complex situations and avoid potential pitfalls.
For employees, understanding their rights under the FMLA, CFRA, and other relevant laws is crucial. Employees should be aware of the protections available to them and should not hesitate to assert their rights if they believe they have been treated unfairly. If an employee believes that they have been subjected to retaliation or discrimination as a result of taking FMLA leave or being transferred, they may have legal recourse.
In conclusion, balancing the business needs of an organization with the rights of employees under the FMLA and CFRA is a challenging but essential task for employers in California. By maintaining clear communication, providing training, and ensuring compliance with legal requirements, employers can navigate this complex landscape while protecting the rights of their employees and fostering a positive workplace environment.
If you find yourself facing challenges related to FMLA leave, employee transfers, or any other employment-related issues, The Myers Law Group, APC is here to help. Our experienced legal team understands the complexities of employment law in California and can provide you with the guidance and representation you need to protect your rights. Contact us today to discuss your situation and learn how we can assist you in achieving a fair and just resolution.