50 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com and HR representatives about his request, with the employer providing a leave request form and asking the employee to submit a doctor’s letter corroborating the need for leave. 41 Hollingsworth v. Perry, 558 U.S. 183 (2013). 42 29 C.F.R. § 825.102. 43 Richey v. AutoNation, Inc., 210 Cal. App. 4th 1516, 1537, 1540-41 (2012), rev. granted, No. S207536 (Cal. Feb. 13, 2013). The Court of Appeal reversed a judgment confirming an arbitration award for the employer, which had fired an employee while he was on CFRA leave, in the belief that he was misusing his leave by working part-time at the restaurant he owned. The Court of Appeal concluded that the arbitrator had committed clear legal error by accepting an “honest belief” defense, because that defense wrongly relieved the employer of its burden to prove the employee actually abused his medical leave by working at another job while on leave. 44 Richey v. AutoNation, Inc., 60 Cal. 4th 909 (2015). 45 The City of San Francisco has clarified that the ordinance covers employers with at least 20 employees anywhere. Thus, if the employer has 20 or more employees anywhere in the world, then the ordinance would apply as to any employee working in San Francisco. 46 The amendments became effective July 12, 2022. https://sfgov.org/olse/sites/default/files/Amended_Family_Friendly_Workplace_Ordinance_2022.pdf (last visited March 5, 2022). 47 Specifically, the notice must include the basis for the denial (i.e., how the flexible work arrangement created an undue hardship); the right to request reconsideration of the denial; the right to file a complaint with the San Francisco Office of Labor Standards Enforfcement; and a copy of the Flexible Work Ordinance Notice. 48 Unemp. Ins. Code § 3301. 49 SB 83, 2019 bill sunsetting older versions of Unemp. Ins. Code § 3301 and adding new versions of § 3301 (effective July 1, 2020 and January 1, 2021). San Francisco’s Paid Parental Leave benefit increased to eight weeks as of July 2020. 50 Unemp. Ins. Code § 2655. 51 Unemp. Ins. Code § 33013.1 52 Unemp. Ins. Code § 3302. 53 Unemp. Ins. Code § 3301. 54 AB 2399, 2020 bill amending Unemp. Ins. Code §§ 3302, 3307. 55 San Francisco Paid Parental Leave Ordinance (“SFPPLO”), https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_police/0-0-048731 (visited March 5, 2023); see Rules Implementating the Paid Parental Leave ordinance. http://sfgov.org/olse/sites/default/files/Document/31%20FINAL%20PPLO%20Rules%2012%2023%2016v2.pdf (visited March 5, 2023); Cal. Unemployment Ins. Code § 3301. 56 SFPPLO, http://sfgov.org/olse/sites/default/files/Document/31%20FINAL%20PPLO%20Rules%2012%2023%2016v2.pdf (visitedMarch 5, 2023). 57 San Francisco Police Code section 3300H.3, https://sfgov.legistar.com/View.ashx?M=F&ID=4385532&GUID=9CEF0B41-0BEC-45C78368-AD6822B78E3D (visited March 5, 2023). 58 San Francisco Police Code section 3300H.4(b)(5), https://sfgov.legistar.com/View.ashx?M=F&ID=4385532&GUID=9CEF0B41-0BEC45C7-8368-AD6822B78E3D (visited March 5, 2023). 59 SFPPLO FAQs (Dec. 2019), https://sfgov.org/olse/sites/default/files/FAQ%20Dec%202019.pdf (visited May 26, 2022). 60 San Francisco Police Code section 3300H.4(c), https://sfgov.legistar.com/View.ashx?M=F&ID=4385532&GUID=9CEF0B41-0BEC-45C78368-AD6822B78E3D (visited March 5, 2023); SFPPLO, http://sfgov.org/olse/sites/default/files/Document/31%20FINAL%20PPLO%20Rules%2012%2023%2016v2.pdf (visited March 5, 2023). 61 San Francisco Police Code section 3300H.4(b)(2), https://sfgov.legistar.com/View.ashx?M=F&ID=4385532&GUID=9CEF0B41-0BEC45C7-8368-AD6822B78E3D (visited March 5, 2023). 62https://edd.ca.gov/Disability/Calculating_PFL_Benefit_Payment_Amounts.htm#:~:text=For%20claims%20beginning%20on%20or,quarter%2 0during%20your%20base%20period (visited March 5, 2023). 63 SFPPLO, https://sfgov.org/olse/paid-parental-leave-ordinance (visited March 5, 2023). 64 Lab. Code §§ 1025, 1041. Under section 1025, employers need not provide rehabilitation where (i) rehabilitation would cause undue hardship for the employer, or (ii) the employer is denying employment because (a) the employee cannot perform duties because of the current use of alcohol or drugs or (b) the employee cannot perform duties without endangering the health or safety of the employee or others. Under section 1041, employers need not provide an accommodation to an employee who reveals a problem of illiteracy if doing so would impose an undue hardship on the employer. 65 Lab. Code § 1026. 66 Lab. Code §§ 230, 230.2. 67 Lab. Code § 230.5(a)(1), (b)(1). The specified offenses, listed in section 230.5(a)(2), include vehicular manslaughter while intoxicated, felony child abuse likely to produce great bodily harm or death, assault resulting in the death of a child under eight years of age, felony domestic violence, felony physical abuse of an elder or dependent adult, felony stalking, solicitation for murder, “serious felony,” hit-andrun causing death or injury, felony driving under the influence causing injury, and sexual assault. 68 Lab. Code § 230.5(b)(2). 69 Lab. Code § 230.5(f). 70 AB 2992, 2020 bill amending Lab. Code §§ 230 and 230.1.
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