OVERVIEW OF LEAVE OF ABSENCE FORMS Below is a list of the sample forms included in this packet.

These forms may be used by your organization when processing employee requests for leave under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and/or the California Pregnancy Disability Leave (PDL) law. This packet also contains documents related to the reasonable accommodation process. This packet does not include sample FMLA, CFRA, and PDL policies. If you would like a sample of one or all of these policies for use by your organization, or would like us to review your existing policies for legal compliance, please contact Jennifer Brown Shaw at (916) 3265150. Please note: This packet is intended as a general resource and reference tool for employers who are subject to the FMLA/CFRA. The forms in this packet do not cover every aspect of FMLA/CFRA administration. Nor do they anticipate every circumstance that may arise during the administration process. You should consult with competent legal counsel for guidance on specific issues.
Attachment Number 1 Form Leave of Absence Checklist Use Use this checklist when processing employee leaves of absence under your organizations FMLA/CFRA/PDL policies. Employees complete this form when requesting a leave of absence under FMLA/CFRA/PDL. Notes

Request for Leave Under the Family and Medical Leave Act and/or California Family Rights Act and/or Pregnancy Disability Leave Law Letter Denying FMLA/CFRA, FMLA/PDL and/or PDL Leave

Use this letter when an employee does not qualify or is otherwise ineligible for FMLA/CFRA/PDL. Use this letter to conditionally designate FMLA/CFRA leave until employee provides medical certification.

FMLA/CFRA Designation Letter Conditional Designation

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Attachment Number 5

Form FMLA/CFRA Designation Letter Final Designation

Use Use this letter to designate FMLA/CFRA leave after receiving the employees medical certification or when a medical certification is not required, such as for bonding leave. Use this letter when an employee qualifies for FMLA/PDL. Use this letter when an employee qualifies for PDL but is not eligible for FMLA/CFRA. Give Notice B to pregnant employees when you first learn of the pregnancy. This may be before the employee requests any time off. (This notice must be provided even if the employee is not eligible for FMLA/CFRA leave.) Give this form to employees who are eligible for FMLA/CFRA/PDL, except where bonding leave is requested. Use this letter when you are approving an extension of FMLA/CFRA or FMLA/PDL without requiring additional medical documentation. Send this packet to employees who have exhausted FMLA/CFRA leave and are requesting additional time off. Use this letter instead of Attachment 11 when you require additional medical documentation before approving the extension of leave.

Notes

PDL/FMLA Designation Letter

PDL Only Designation Letter

Notice of Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave (Notice B)

California Certification of Health Care Provider

Employees must give this form to their health care providers for completion.

10

Letter Granting Additional Leave After Expiration of FMLA/CFRA or FMLA/PDL Leave

11

Letter Regarding Additional Leave After Expiration of FMLA/CFRA Leave Letter to Health Care Provider Regarding Reasonable Accommodation Questionnaire Reasonable Accommodation Questionnaire

Employees must give these documents to their health care providers for completion.

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Attachment Number 12

Form Return-to-Work Certification

Use Use this form when employees are returning to work from FMLA/CFRA, FMLA/PDL or PDL (other than bonding leave).

Notes We recommend requiring that all employees submit completed return-towork certifications before returning to work. The form should be provided to employees with the other leave paperwork. The health care provider may decide to use his/her own form instead. This is fine so long as it is clear the employee is released to return to work, and any restrictions on the employees ability to perform the essential functions of the job are clearly described.

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ATTACHMENT 1
LEAVE OF ABSENCE CHECKLIST (For California Employers) **DO NOT DISTRIBUTE TO EMPLOYEES**

1.

EMPLOYEE ELIGIBILITY FOR FMLA/CFRA Determine if the employee is eligible for FMLA/CFRA leave. An employee is eligible if all the following conditions are met: The employee has been employed for 12 months. The 12 months need not be consecutive, and include periods of leave (e.g., sick, vacation) during which benefits or compensation are provided. The employee has physically worked at least 1250 hours within the last 12 months. Only actual hours physically worked are counted towards the 1,250 hours threshold. The employee works at a workplace with 50 or more employees within 75 miles of the workplace.

2.

EMPLOYEE ELIGIBILITY FOR PREGNANCY DISABILITY LEAVE

All female employees are eligible for PDL. There is no length of service or hours requirement like there is for FMLA/CFRA. If an employee is eligible for FMLA/CFRA, then PDL and FMLA run concurrently. However, PDL and CFRA leave do not generally run concurrently because pregnancy is not defined as a serious health condition under the CFRA. That means that an employee eligible for CFRA normally will have additional leave available to care for the newborn or for other covered purposes when her pregnancy disability ends.

3.

REASONS FOR FMLA/CFRA LEAVE Determine if the employee has a qualifying reason for FMLA/CFRA leave. The following reasons are covered under FMLA/CFRA: The employees own serious health condition, which renders the employee unable to perform an essential function of the employees position. The birth of a son or daughter and to care for such son or daughter; the placement of a son or daughter with the employee for adoption or foster care and to care for the newly placed son or daughter. A leave for these reasons must be completed within the 12-month period beginning on the date

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of birth or placement. In addition, spouses employed by the organization who request leave for this reason may only take a combined total of 12 weeks of FMLA/CFRA leave during any 12-month period.1

To care for a spouse, registered domestic partner, son, daughter, son/daughter of a registered domestic partner, or parent (covered relation) with a serious health condition. Because leave to care for a registered domestic partner with a serious health condition is not required under the FMLA, employers should be aware that leave taken for that purpose likely will not count toward any FMLA entitlement. Employers confronted with a situation in which an employee takes CFRA leave to care for a registered domestic partner and subsequently seeks to take FMLA/CFRA leave within the same 12-month period for a different reason should consult with counsel. To care for a spouse, son, daughter, or next of kin (nearest blood relative) who has suffered a serious injury or illness as a result of service in the Armed Forces. Leave taken to care for an injured or ill servicemember is only covered under the FMLA. The FMLA provides for up to 26 weeks of leave to care for a servicemember. The law is currently unclear as to whether this leave is only available during a single 12-month period, or whether an individual can take leave for this purpose in reoccurring 12-month periods. Employers should note that this type of leave is not covered under the CFRA, and leave taken for this reason will not count toward an employees CFRA leave entitlement. Because of a qualifying exigency resulting from a spouse, son, daughter, or parent who is on active duty, or has been called into active duty in the Armed Forces in support of a contingency operation. Leave taken because of a qualifying exigency is only covered under the FMLA. Employers should note that this type of leave is not covered under the CFRA and leave taken for this reason will not count toward an employees CFRA leave entitlement.

It is the employers responsibility to designate leave as FMLA and/or CFRA based on information provided by the employee or an employees spokesperson (e.g., spouse, registered domestic partner, parent or health care provider if the employee is incapacitated). In limited circumstances, the employer may designate leave as FMLA/CFRA leave after an employee has already returned to work (e.g., if the employee failed to give the required medical certification). The employer may not inquire about the nature of the employee's or family members' medical condition. The only exception to this is to inquire about whether an employee is suffering from a pregnancy-related condition so the employer can provide PDL to the employee.

CFRA regulations also provide that an employer may (but is not required to) allow an employee to use CFRA leave prior to the birth of a child if the employee has used four months of PDL prior to the birth and the employees health care provider determines that a continuation of the leave is medically necessary. Doing so would not require the employer to provide more than the amount of CFRA leave to which the employee was otherwise entitled. Page 2 of 7 Shaw Valenza LLP 2008
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4.

HOW MUCH LEAVE IS AN EMPLOYEE ENTITLED TO UNDER FMLA/CFRA AND PDL? Calculating the amount of FMLA/CFRA leave to which the employee is entitled depends on the method used by the employer. Employees are entitled to 12 weeks of FMLA/CFRA leave within a 12-month period (up to 26 weeks if the employee is taking leave to care for an injured or ill servicemember). Employers can measure the leave year by following any of these four options: (1) the calendar year, (2) any fixed 12-month leave year, such as the fiscal year or the employees hire date, (3) a 12-month period measured forward from the date the employees first FMLA/CFRA leave begins, or (4) a rolling 12-month period measured backward from the date an employee uses any FMLA/CFRA leave. Employers must choose one option and use it consistently.

An eligible employee may receive PDL of up to four months (88 workdays for full-time employees). Part-time employees receive four months at their regular schedule. The amount of time taken is limited to the employees actual period of disability. For most pregnancies, employees are considered disabled for a few weeks prior to the birth and between six and eight weeks after delivery. Of course, there are exceptions. Following PDL, the employee may be eligible for any remaining FMLA leave and for up to 12 additional weeks of CFRA leave. (PDL does not run concurrently with CFRA leave.)

5.

REQUEST FOR FMLA/CFRA/PDL

The employee must give the employer at least 30 days notice of the need for leave (if the need for leave is foreseeable). Verbal notice is acceptable. If timely notice is not given, the employer should determine the reason for the delay before denying leave. An employees failure to provide reasonable notice may be grounds for delay of leave. However, in emergency situations, employees may be unable to give the full 30 days notice. An employer should carefully consider the circumstances before denying leave for this reason.

6.

DESIGNATION OF FMLA/CFRA/PDL Once an employer is on notice that an employee requires time off for a purpose covered by FMLA/CFRA, the employer must designate the time off as FMLA/CFRA within two business days. If the employer does not have adequate documentation to establish the employee or the employees covered family relation has a serious health condition, then the employer should send the employee a letter conditionally designating the leave as FMLA/CFRA leave contingent on receiving the proper medical certification. Failure to give this notice may prevent the employer from counting the leave toward the employees annual FMLA/CFRA leave entitlement.

If an employee is on leave for a pregnancy-related medical condition, the employee must receive notice that the time off is covered both by PDL and FMLA and that the FMLA and PDL leaves are running concurrently (assuming the FMLA eligibility requirements are met). Even if
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the leave does not qualify as an FMLA leave, the employer should give the employee written notice that the leave is being counted as PDL. For employees who are eligible for PDL only, the employer must respond to the leave request as soon as practicable, but in no event later than 10 calendar days after the employee makes the request. If an employee takes PDL (see below) and wishes to take bonding leave after her disability has ended, then the employee must be informed that the additional leave counts as a CFRA leave and she is entitled to up to 12 weeks of CFRA leave. Note: the employee is entitled to a maximum of 12 weeks; if she used CFRA leave for another reason in the prior 12-month period, she will be entitled only to the remainder of the original 12 weeks.

7.

MEDICAL CERTIFICATIONS FOR LEAVES TAKEN BECAUSE OF A SERIOUS HEALTH CONDITION, INCLUDING PREGNANCY DISABILITY At the time FMLA/CFRA/PDL is requested, the employer must provide the employee with notice of the requirement that the employee furnish medical certification of a serious health condition within 15 calendar days of the employers request, unless impracticable. The 15-day certification requirement does not apply to employees seeking PDL leave; certification for PDL may be provided at any time prior to starting the leave. The employer should review the medical certification form signed by the health care provider and determine if further clarification is needed. If further clarification is necessary, a health care provider representing the employer may contact the employees health care provider, with the employees permission, to clarify and confirm the information provided by the health care provider, but may not seek additional information. The employer may seek a second medical opinion regarding the employees own health condition (not the condition of a covered relation) if there is a reason to doubt the validity of the certification provided by the employee. If the second opinion is inconsistent with the first, then the employer can request a third, binding opinion, which must be offered by a mutually-agreeable health care provider and paid for by the employer. A PDL certification from the health care provider must contain: (1) the date on which the woman became disabled due to pregnancy, (2) the probable duration of the period or periods of disability, and (3) an explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy or to other persons. Determine if medical recertification will be needed. Calendar a date, at least 15 days before the leave of absence expires, to notify the employee that further certification will be required if the employee needs to extend the leave of absence beyond the date stated in the original certification. There are other circumstances when recertification may be appropriate. Please consult legal counsel for additional information.
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8.

INTERMITTENT LEAVE AND REDUCED SCHEDULES Determine if the employee is entitled to take intermittent and/or reduced schedule leave. Such leaves are provided when:

It is medically necessary, including due to a pregnancy-related condition. If so, the employee is entitled to take leave intermittently or on a reduced leave schedule. Determine an appropriate schedule for the employee. It is requested for the birth or placement of a child in foster care or adoption. The employer may require the employee to take intermittent leave in segments of at least two weeks, except that the employer must grant a request for leave of less than two weeks duration on two occasions.

The employer generally may make deductions from an exempt employees salary for time taken as intermittent or reduced schedule leave within a workweek without affecting the exempt status of the employee, so long as the leave qualifies under the federal FMLA. However, employers should not do this without consulting counsel. Determine if the employee should be temporarily transferred.

For employees requiring intermittent leave or a reduced work schedule, the employer may require an employee to transfer to a position that better accommodates recurring periods of leave than the employees regular job. However, the alternative position must have the same rate of pay and benefits. The new position does not have to include equivalent duties. A pregnant employees health care provider may request the employee be transferred to a less strenuous or hazardous position or given less strenuous or hazardous duties during her pregnancy. The employer has no obligation to create a position or move other employees to effectuate such a transfer.

9.

CONTINUATION OF HEALTH BENEFITS WHILE ON FMLA/CFRA/PDL AND USE OF ACCRUED TIME OFF Health insurance benefits must be continued for the duration of FMLA/CFRA leave up to a maximum of 12 weeks within a 12-month period (26 weeks if the employee is taking leave to care for an injured or ill servicemember). There is no obligation to continue benefits for employees on PDL who are not eligible for FMLA leave (unless such benefits are provided to other employees on temporary leaves of absence).

10.

USE OF PAID TIME DURING FMLA/CFRA/PDL If an employee will receive any pay during FMLA/CFRA/PDL, such as from state disability insurance/private insurance/paid family leave benefits, the
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employee cannot be required to use accrued paid time off. However, the employer should coordinate any benefits received from SDI, etc. with the paid time the employee uses.

11.

JOB RESTORATION FOLLOWING FMLA/CFRA/PDL Determine the right to reinstatement to the same or an equivalent position: Can the employee perform essential functions of the job? Would the employee otherwise have been discharged for performance issues predating the leave, or laid off due to restructuring not related to the employees illness? If the employee was notified that he or she needed to provide a return-towork certification, did the employee provide such a certification? Note: A medical certification may be required only if the employer has a uniformly applied practice or policy of requiring such certifications from other employees returning to work after illness, injury or disability.

If the employee has reinstatement rights, determine whether the employees same or equivalent position is available. Employers are required to reinstate employees returning from PDL to their same position unless the employee would have been laid off, or any means of preserving her job would have substantially undermined the employers ability to operate the business safely and effectively. Employers may reinstate an employee returning from FMLA/CFRA leave to a substantially similar position with the same pay, benefits, and hours only if the employer can show holding the prior position open would have resulted in undue hardship (this is one of those crossover issues with FMLA/CFRA and disability discrimination laws, such as the Americans with Disabilities Act and Californias Fair Employment and Housing Act).

12.

RECORDKEEPING REQUIREMENTS The following records must be maintained for a minimum of three years: Basic payroll and identifying employee data. The dates FMLA/CFRA/PDL is taken by eligible employees, including increments of less than one full day. Copies of employee notices of leave furnished to the employer under the FMLA/CFRA/PDL if in writing, and copies of all general and specific written notices/letters given to employees. Copies may be maintained in employee personnel files. Any documents (including written and electronic records) describing employee benefits or the employers policies and practices regarding the taking of paid and unpaid leaves.
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Records of payments of employee benefits. Records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA/CFRA/PDL, including any written statement from the employer or the employee of the reasons for the designation and for the disagreement. Medical records created for purposes of the FMLA/CFRA/PDL must be maintained separately from other personnel records and only accessible to those people with a need to know./var/www/apps/conversion/current/tmp/scratch32223/104396563.doc

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ATTACHMENT 2
REQUEST FOR LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT AND/OR CALIFORNIA FAMILY RIGHTS ACT AND/OR PREGNANCY DISABILITY LEAVE LAW DATE: TO: FROM: SUBJECT: Request for Leave Under the Family and Medical Leave Act and/or California Family Rights Act and/or Pregnancy Disability Leave ________________________________________________________________ I am requesting a leave for the following reason: _____Following the birth of my child, or the placement of a child with me for adoption or foster care (bonding leave). _____A serious health condition that makes me unable to perform one or more essential functions of my job. _____A serious health condition affecting my _____spouse_____ registered domestic partner_____ child_____ parent for whom I am needed to provide care. _____A serious injury or illness affecting my _____ spouse _____ child_____ parent _____next of kin who is a servicemember in the Armed Forces. _____A qualifying exigency resulting from my _____spouse_____ child_____ parents active duty or call to active duty in the Armed Forces to support a contingency operation. Specify the qualifying exigency: _____My disability due to pregnancy or pregnancy-related conditions. During my leave, I_____ would or_____ would not like to receive my [____________] Including _____________________________. During my leave, I can be reached at: Address Telephone. I will need a leave beginning on______________. about ____________. I expect my leave to continue until on or , City, State and Zip Code [Human Resources/Personnel]

I understand I will be required to provide a completed medical certification within 15 days of submitting this request if the leave is for my own serious medical condition; to care for my spouse, registered domestic partner, child, or parent with a serious health condition; or to care for my spouse, partner, child, parent, or next of kin with a serious injury or illness in the Armed
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Forces. I also understand I will be required to provide a medical certification prior to the date my leave is scheduled to begin if this leave request is for disability due to pregnancy, childbirth, or a related medical condition. Please refer to the Family and Medical Leave policy in the employee handbook for additional information. __________________ Date ______________________________ Signature of Employee

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ATTACHMENT 3
LETTER DENYING FMLA/CFRA, FMLA/PDL AND/OR PDL LEAVE [Date] VIA CERTIFIED MAIL [Employee Name] [Employee Address] RE: Denial of [Family and Medical Leave Act/California Family Rights Act Leave] [Family and Medical Leave Act/Pregnancy Disability Leave] [Pregnancy Disability Leave]

Dear _________________: On _____we received youre your request for leave under the [Family and Medical Leave Act/California Family Rights Act] [Family and Medical Leave Act/Pregnancy Disability Leave law] [Pregnancy Disability Leave Act]. Your request is denied for the following reason(s): [You have not worked for the Company for 12 months.] [You have not worked 1,250 hours in the 12-month period prior to the need for leave.] [You work at a worksite that employs fewer than 50 employees within a 75-mile radius.] [You have not provided medical certification of the need for leave.] [You have exhausted the 12 weeks of FMLA/CFRA leave available to you.] [You have exhausted your 26 weeks of FMLA leave to care for a servicemember available to you.] [You have exhausted your the FMLA/PDL [or PDL] available for your current pregnancy.] Please contact me at your earliest convenience to discuss your return to work status. I can be reached at ______________. Thank you. Sincerely,

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ATTACHMENT 4
FMLA/CFRA DESIGNATION LETTERCONDITIONAL DESIGNATION [Date] VIA CERTIFIED MAIL [Employee Name] [Employee Address] RE: Conditional Designation of FMLA/CFRA Leave Dear ______________________: On ______________, we received information that indicates you [are absent/will be absent] from work for a reason that may qualify as leave under the federal Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA) due to: [a serious health condition that makes you unable to perform one or more essential functions of your job.] [a serious health condition affecting your (spouse) (registered domestic partner) (child) (parent for whom you are needed to provide care).] [the birth of your child, or the placement of a child with you for adoption or foster care.] [a qualifying exigency arising out of a (spouses)(registered domestic partners) (sons) (daughters) (parents) active duty in the Armed Forces.] [a serious injury or illness affecting your (spouse) (registered domestic partner) (son) (daughter) (parent)(next of kin) who is a servicemember in the Armed Forces.] Effective the date of this letter, we are placing you on conditional FMLA/CFRA leave, pending completion of the enclosed California Certification of Health Care Provider form. You must return the completed form no later than___________. If we do not receive the completed form by that date, your request for [further] leave will be denied and you may be subject to disciplinary action. Once we receive the completed form, we will send you a letter describing your rights and responsibilities under the FMLA/CFRA. If your absence is approved as FMLA/CFRA leave, you will have ____ hours of leave available to you as of the date of this letter. [You have used ____ hours of FMLA/CFRA leave during the applicable 12month period.] Should you fail to return to work at the end of your FMLA/CFRA leave, or fail to provide continued medical certification of your need for additional leave, the Company cannot guarantee reinstatement to your prior position, or that any job will be available for your upon your return to work.
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Information about state disability insurance (SDI) and paid family leave (PFL) benefits are enclosed with this letter. It is your responsibility to apply for such benefits through the local employment development department. If you have any questions, please contact me at _____. Thank you. Sincerely, _____________________

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ATTACHMENT 5
FMLA/CFRA DESIGNATION LETTERFINAL DESIGNATION [Date] VIA CERTIFIED MAIL [Employee Name] [Employee Address] RE: Designation of FMLA/CFRA Leave Dear ______________________: On __________, we received information that indicates you [are absent/will be] absent from work for a reason that may qualify as leave under the federal Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA) due to: [a serious health condition that makes you unable to perform one or more essential functions of your job.] [a serious health condition affecting your (spouse) (registered domestic partner) (child) (parent for whom you are needed to provide care).] [the birth of your child, or the placement of a child with you for adoption or foster care.] [a qualifying exigency arising out of a (spouses)(registered domestic partners) (sons) (daughters) (parents) active duty in the Armed Forces.] [a serious injury or illness affecting your (spouse) (registered domestic partner) (son) (daughter) (parent)(next of kin) who is a servicemember in the Armed Forces.] Your time off has been approved under the FMLA/CFRA effective ______________. Except as explained below, you have a right under the FMLA/CFRA for up to 12 workweeks of unpaid leave in a 12-month period. You may be entitled to up to 26 weeks of leave if the leave is to care for an ill or injured servicemember. Generally, you will be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave. If you require intermittent leave, we will provide you with the leave your health care provider indicates is necessary to the extent required by law. However, we reserve the right to reassign you to a position with equivalent pay and benefits during your leave if another position is better suited to your new temporary schedule. We will notify you if a temporary reassignment will be made. According to the information we received, you should be able to return to work on ___________. If you are unable to return to work by that date, you must contact ____________________ at _______________. Should you fail to return to work by this date,
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or fail to provide continued medical certification of your need for additional leave, the Company cannot guarantee reinstatement to your prior position or that any job will be available for your upon your return to work. During your leave, you may use any accrued [sick/vacation/PTO] available to you. You currently have ________ hours of accrued [sick/vacation/PTO] available. Please let me know if you wish you use any of these hours during your leave. [Information about state disability insurance (SDI) and paid family leave (PFL) benefits are enclosed with this letter. It is your responsibility to apply for such benefits through the local Employment Development Department.] Any accrued [sick/vacation/PTO] you use will be coordinated with any SDI or PFL benefits you receive so your leave payments do not exceed your normal rate of pay. Under the FMLA/CFRA, you are eligible for continued health benefits during your leave for up to a maximum of 12 weeks. If you currently contribute to the payment of the premiums for health benefits, you must continue to do so while on leave, beginning on_______________. The amount of each payment is $_______ and must be paid directly to the organization. This payment is due on or before the ____ [insert day] of each month. Payment should be sent to: ____________________________. Your 12 weeks of continued coverage will end on _____________. If you do not return to work by that date, you may be eligible to continue your coverage through COBRA. Information regarding COBRA continuation coverage will be sent to you at that time. You have a minimum 30-day grace period in which to make your premium payments. If payment is not made on time, your group health insurance coverage may be canceled. If you do not return to work following FMLA/CFRA leave for a reason other than: (1) the continuation, reoccurrence, or onset of a serious health condition that would entitle you to FMLA/CFRA leave; or (2) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your leave. [You are a key employee as described in section 825.217 of the FMLA regulations and section 7297.2 of the California Code of Regulations. Accordingly, you may be denied reinstatement following FMLA/CFRA leave on the grounds that reinstatement would cause substantial and grievous economic injury to the operations of the organization. We have determined that reinstating you to employment at the conclusion of FMLA/CFRA leave will cause substantial and grievous economic harm to the organization. Therefore, we will determine what positions are available to you when you are released to return to work.] Remember, if your leave is for your own serious health condition, you will be required to present a return-to-work certification from your health care provider prior to being restored to employment. If we do not receive that certification, your return to work may be delayed until the certification is provided. While on leave, you will be required to furnish us with periodic reports every 30 days of your status and intent to return to work. If the circumstances of your leave change and you are able to return to work earlier than any previously indicated date, you will be required to notify us at least two (2) working days prior to the date you intend to report to work.

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Please contact ________________________ at _______________ if you have any questions. We wish you the best, and look forward to your return. Sincerely, ________________

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ATTACHMENT 6
PDL/FMLA DESIGNATION LETTER [Date] VIA CERTIFIED MAIL [Employee Name] [Employee Address] RE: Designation of PDL/FMLA Leave Dear ______________________: On_________________, we received information that you will need time off from work due to your disability caused by your pregnancy or a pregnancy-related condition. Under California law, you have a right to Pregnancy Disability Leave (PDL) for the period of your actual disability up to a maximum of four months (defined as 88 work days for full-time employees working five (5) days per week; employees working other schedules are entitled to a pro-rata amount of leave). In addition, under the federal Family and Medical Leave Act (FMLA), you have a right to up to 12 workweeks of unpaid leave in a 12-month period for the period of disability caused by your pregnancy or related medical conditions. The PDL and FMLA run concurrently during the period of your disability. As of the date of this letter, we are placing you on PDL and FMLA. You have used ____ hours of FMLA leave in the prior 12-month period. Therefore, you currently have _____ hours of FMLA leave available to you. If you require intermittent leave, we will provide you with the leave your health care provider indicates is necessary to the extent required by law. However, we reserve the right to reassign you to a position with equivalent pay and benefits during your leave if another position is better suited to your new temporary schedule. We will notify you if a temporary reassignment will be made. According to the information we received, you should be able to return to work on ___________. If you have not been released by your health care provider by that date, you will need to provide us with additional medical documentation of your need for further leave. During your leave, you may use any accrued [sick/vacation/PTO] available to you. You currently have ________ hours of accrued [sick/vacation/PTO] available. Please let me know if you wish you use any of these hours during your leave. [Information about state disability insurance (SDI) and paid family leave (PFL) benefits are enclosed with this letter. It is your responsibility to apply for such benefits through the local Employment Development Department.] Any accrued [sick/vacation/PTO] you use will be coordinated with any SDI or PFL benefits you receive so your leave payments do not exceed your normal rate of pay.
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Under the FMLA, you are eligible for continued health benefits during your leave for up to a maximum of 12 weeks. If you currently contribute to the payment of the premiums for health benefits, you must continue to do so while on leave, beginning on_______________. The amount of each payment is $_______ and must be paid directly to the organization. This payment is due on or before the ____ [insert day] of each month. Payment should be sent to: ____________________________. Your 12 weeks of continued coverage will end on _____________. If you do not return to work by that date, you may be eligible to continue your coverage through COBRA. Information regarding COBRA continuation coverage will be sent to you at that time. You have a minimum 30-day grace period in which to make your premium payments. If payment is not made on time, your group health insurance coverage may be canceled. If you do not return to work following FMLA/CFRA leave for a reason other than: (1) the continuation, reoccurrence, or onset of a serious health condition that would entitle you to FMLA/CFRA leave; or (2) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your leave. You are also eligible to take up to an additional 12 weeks of leave under the California Family Rights Act (CFRA) to bond with your new child after your PDL/FMLA leave ends. You must request CFRA leave at least 30 days in advance. [You are a key employee as described in section 825.217 of the FMLA regulations and section 7297.2 of the California Code of Regulations. Accordingly, you may be denied reinstatement following FMLA/CFRA leave on the grounds that reinstatement would cause substantial and grievous economic injury to the operations of the organization. We have determined that reinstating you to employment at the conclusion of FMLA/CFRA leave will cause substantial and grievous economic harm to the organization. Therefore, we will determine what positions are available to you when you are released to return to work.] Remember, you will be required to present a return-to-work certification from your health care provider prior to being restored to employment. If we do not receive that certification, your return to work may be delayed until the certification is provided. Please contact ________________________ at _______________ if you have any questions. We wish you the best and look forward to your return. Sincerely, ________________

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ATTACHMENT 7
PDL ONLY DESIGNATION LETTER [Date] VIA CERTIFIED MAIL [Employee Name] [Employee Address] RE: Designation of PDL Leave Dear ______________________: On_________________, we received information that you will need time off from work due to your disability caused by your pregnancy or a pregnancy-related condition. Under California law, you have a right to Pregnancy Disability Leave (PDL) for the period of your actual disability up to a maximum of four months (defined as 88 work days for full-time employees working five (5) days per week; employees working other schedules are entitled to a pro-rata amount of leave). As of the date of this letter, we are placing you on PDL. You have used ____ days of PDL leave. Therefore, you currently have _____ days of PDL leave available to you. If you require intermittent leave, we will provide you with the leave your health care provider indicates is necessary to the extent required by law. However, we reserve the right to reassign you to a position with equivalent pay and benefits during your leave if another position is better suited to your new temporary schedule. We will notify you if a temporary reassignment will be made. According to the information we received, you should be able to return to work on ___________. If you have not been released by your health care provider by that date, you will need to provide us with additional medical documentation of your need for further leave. During your leave, you may use any accrued [sick/vacation/PTO] available to you. You currently have ________ hours of accrued [sick/vacation/PTO] available. Please let me know if you wish you use any of these hours during your leave. If you are eligible for state disability insurance (SDI), your SDI benefits and sick leave pay will be coordinated so that your SDI/sick leave payments do not exceed your regular rate of pay. [Information about SDI and paid family leave (PFL) benefits are enclosed with this letter. It is your responsibility to apply for such benefits through the local Employment Development Department.] Any accrued [sick/vacation/PTO] you use will be coordinated with any SDI or PFL benefits you receive so your leave payments do not exceed your normal rate of pay.

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[You are not eligible for continued health care benefits during your leave. Your health care benefits will end on ______________. You may, however, be eligible to continue your coverage through COBRA. Information regarding COBRA continuation coverage is enclosed.] Remember, you will be required to present a return-to-work certification from your health care provider prior to being restored to employment. If we do not receive that certification, your return to work may be delayed until the certification is provided. Please contact ________________________ at _______________ if you have any questions. We wish you the best and look forward to your return. Sincerely, ________________

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ATTACHMENT 8
[NOT TO BE INCLUDED IN HANDBOOKNOTICE TO EMPLOYEE] FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE) AND PREGNANCY DISABILITY LEAVE Under the California Family Rights Act of 1993 (CFRA), if you have more than 12 months of service with us and have worked at least 1,250 hours in the 12- month period before the date you want to begin your leave, you may have a right to an unpaid family care or medical leave (CFRA leave). This leave may be up to 12 workweeks in a 12-month period for the birth, adoption, or foster care placement of your child or for your own serious health condition or that of your child, parent or spouse. Even if you are not eligible for CFRA leave, if disabled by pregnancy, childbirth or related medical conditions, you are entitled to take a pregnancy disability leave of up to four months, depending on your period(s) of actual disability. If you are CFRA-eligible, you have certain rights to take BOTH a pregnancy disability leave and a CFRA leave for reason of the birth of your child. Both leaves contain a guarantee of reinstatement to the same or to a comparable position at the end of the leave, subject to any defense allowed under the law. If possible, you must provide at least 30 days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for your self or of a family member). For events which are unforeseeable, we need you to notify us, at least verbally, as soon as you learn of the need for the leave. Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy. We may require certification from your health care provider before allowing you a leave for pregnancy or your own serious health condition or certification from the health care provider of your child, parent, or spouse who has a serious health condition before allowing you a leave to take care of that family member. When medically necessary, leave may be taken on an intermittent or a reduced work schedule. If you are taking a leave for the birth, adoption or foster care placement of a child, the basic minimum duration of the leave is two weeks and you must conclude the leave within one year of the birth or placement for adoption or foster care. Taking a family care or pregnancy disability leave may impact certain of your benefits and your seniority date. If you want more information regarding your eligibility for a leave and/or the impact of the leave on your seniority and benefits, please contact ________. [Note: Employers must provide pregnant employees with notice of their rights under PDL as soon as the employer learns of an employees pregnancy. This notice, Notice B, is included in California Code of Regulations section 7291.16, and is for use by employers subject to CFRA or FMLA.]

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ATTACHMENT 9
CALIFORNIA CERTIFICATION OF HEALTH CARE PROVIDER FAMILY AND MEDICAL LEAVE/CALIFORNIA FAMILY RIGHTS ACT/ PREGNANCY DISABILITY LEAVE 1. 2. 3. 4. Employees Name: Employers Name: Employees Supervisors Name and Telephone Number: Patients Name (if different from employee): The attached Definitions describe what is meant by a serious health condition under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Does the patients condition2 qualify under any of the categories described? If so, please check the applicable category. (1)_____(2)_____(3)_____(4)_____(5)_____(6)_____None_____

5.

6.

(a)

State the approximate date the condition commenced and the probable duration of the condition (and also the probable duration of the patients present incapacity3, if different):

(b)

Will it be necessary for the employee to work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in question 7 below)?

The information sought on this form relates only to the condition for which the employee is taking leave.

Incapacity for purposes of this form means the inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for such condition or recovery from such condition. Page 1 of 7 Shaw Valenza LLP 2008
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If the answer to question 6(b) is yes, please give the probable duration of the necessary intermittent leave or reduced schedule and the work schedule appropriate for the employee during this time:

(c)

If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient presently is incapacitated and the likely duration and frequency of episodes of incapacity:

7.

(a)

If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments:

(b)

If the employee will be absent from work or other daily activities because of treatment on an intermittent or part-time basis, please provide an estimate of the probable number and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery, if any:

(c)

If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:

(d)

If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g., prescription drugs, physical therapy requiring special equipment):

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8.

(a)

If medical leave is required for the employees absence from work because of the employees own condition (including absences due to pregnancy or chronic condition), is the employee unable to perform work of any kind?

(b)

If able to perform some work, is the employee unable to perform any one or more of the essential functions of the employees job with or without reasonable accommodations (the employee or the employer should supply you with information about the essential job functions)?

If the answer to question 8(b) is yes, please list the essential functions the employee is unable to perform with or without reasonable accommodation and what reasonable accommodations, if any, are suggested:

(c)

If neither (a) nor (b) above applies, is it necessary for the employee to be absent from work for treatment?

9.

(a)

If leave is required to care for a spouse, registered domestic partner, child, or parent (or next of kin for servicemember FMLA only) of the employee with a serious health condition, does the family member require assistance for basic medical or personal needs or safety, or for transportation?

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(b)

If the answer to question 9(a) is no, would the employees presence provide psychological comfort beneficial to the family member or assist in the family members recovery?

(c)

If the family member will need care only intermittently or on a part-time basis, please indicate the probable duration and frequency of this need:

Signature of Health Care Provider Address Telephone Number

Type of Practice City, State and Zip Code Date

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The following is to be completed by an employee needing time off to care for a spouse, registered domestic partner, child, or parent (or next of kin for servicemember FMLA only): State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary to work less than a full schedule:

________________________________ Employees Signature ________________________________ Date

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DEFINITIONS A serious health condition means an illness, injury, impairment, or physical or mental condition that involves one of the following: 1. Hospital Care

Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. 2. Absence Plus Treatment

A period of incapacity of more than three (3) consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves: (a) treatment4 two (2) or more times by a health care provider, by a nurse or physicians assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or (b) treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment5 under the supervision of a health care provider. 3. Pregnancy

Any period of disability due to pregnancy, or pregnancy-related conditions, or for prenatal care. 4. Chronic Conditions Requiring Treatments

A chronic condition which: (a) requires periodic visits for treatment by a health care provider, or by a nurse or physicians assistant under direct supervision of a health care provider; (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic, rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations.
5

A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the condition. It does not include the taking of over-the-counter medication, such as aspirin, antihistamines, or salve; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider. Page 6 of 7 Shaw Valenza LLP 2008
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5.

Permanent/Long-term Conditions Requiring Supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimers, a severe stroke, or the terminal stages of a disease. 6. Multiple Treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery for such treatments) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (e.g., chemotherapy, radiation, etc.), severe arthritis (e.g., physical therapy) kidney disease (e.g., dialysis).

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ATTACHMENT 10
LETTER GRANTING ADDITIONAL LEAVE AFTER EXPIRATION OF FMLA/CFRA OR FMLA/PDL LEAVE [DATE] VIA CERTIFIED MAIL [EMPLOYEE NAME] [EMPLOYEE ADDRESS] RE: Return-to-Work Status

Dear _____________: As you know, you have been on [an FMLA/CFRA leave of absence][an absence due to your pregnancy or childbirth] from [insert date] through [insert date], based on information provided by your health care provider. Your leave expired on [insert date]. However, we understand you are still unable to return to work at this time. Pursuant to our policy, we are willing to extend your unpaid leave of absence through [insert date.] However, because of our business needs, we are unable to extend your leave past [insert same date as above]. If you are unable to return to work on [insert same date as above], and perform the essential functions of your job with or without reasonable accommodation, we will proceed with hiring a replacement for your position. Should it become necessary to replace you we will discuss other options available to you at that time. Please call me at ____ - ____ - _____ no later than [insert date] to discuss your return to work status. Thank you for your cooperation. Sincerely, _____________________

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ATTACHMENT 11
LETTER REGARDING ADDITIONAL LEAVE AFTER EXPIRATION OF FMLA/CFRA LEAVE [Date] VIA CERTIFIED MAIL [Employee Name] [Employee Address] RE: Return-to-Work Status

Dear ___________: We hope this letter finds you feeling better. As you know, you have been on a leave of absence since __________________. As of _________, you will have exhausted all leave available to you under the Family and Medical Leave Act, California Family Rights Act, and our policy. On ___________, we received a note from your health care provider estimating a return to work date of ____________. As you know, you hold an important position with the organization. Your continued absence naturally is a burden on your co-workers and disruptive to operations. For that reason, we cannot repeatedly extend your leave of absence, or extend it indefinitely. To evaluate your request for additional time off, or whether there are alternatives to additional leave, we need to receive medical documentation from your treating health care provider. Please send the attached questionnaire to your treating health care provider and ensure it is completed and returned to me no later than the close of business on ___________________. If your health care provider does not timely respond to the questionnaire, we will have no basis to provide you with additional leave or other accommodation. In that event, we may end your employment with us. If your health care provider timely responds but clarification is required, we may request clarification from your health care provider. Alternatively, we may request your health care provider to forward to another provider of our choosing a photocopy of your relevant medical records and/or require you to undergo a relevant medical examination at the organizations expense. Finally, should your health care provider indicate there is some accommodation other than additional leave that will allow you to return to work before _________we will consider providing the accommodation or propose alternatives. Failure to cooperate in this medical review process may result in the termination of your employment. We look forward to hearing from you. ___-____. Thank you. Sincerely, If you have any questions, please contact me at ___-

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LETTER TO HEALTH CARE PROVIDER REGARDING REASONABLE ACCOMMODATION QUESTIONNAIRE

[Date] [Name/Address of Health Care Provider] RE: Reasonable Accommodation

Dear Dr. ________________: To provide me with additional time off from work, my employer has requested that you answer the questions on the attached questionnaire by ___________________ and return the form to me. I will return the completed questionnaire to my employer. By my signature below, I authorize you to discuss any of your responses with my employer or a health care provider of my employers choosing. This letter also authorizes you to submit to a health care provider of my employers choosing a copy of my medical records pertaining to the medical condition for which I am seeking additional time off. If you need me to sign a separate medical records consent form, please let me know and I will do so. Thank you for your prompt attention to this matter. Again it is important that I receive the completed questionnaire no later than _____________because my employer has indicated that additional time off will not be approved unless it has received adequate and timely medical justification. Sincerely,

Employees Name

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REASONABLE ACCOMMODATION QUESTIONNAIRE Employee Name: _________________________________(Employee) Date: _____________ 1. 2. When was your most recent evaluation of Employee? Does Employee have a physical or mental impairment? If yes, is the impairment long-term or permanent? If no, how long will the impairment likely last? 3. Does the impairment affect a major life activity? Yes No Yes Yes No No

If yes, what major life activity(s) is/are affected (check all applicable boxes below)?

Caring
for Self

B reathing orking alking W

Thinking Toileting Hearing

Learning Sitting Lifting Sleeping Concentratin g

Reproduction Other: (describe)

Interactin
g with Others Performi ng Manual Tasks

W Seeing Speakin g

S tanding R eaching

4.

Is Employee limited in one or more of the major life activities check above? If yes, please describe the limitations.

Yes

No

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5.

Employee currently works in the position of [insert position]. Please review the attached job description for this position and identify any job function you believe Employee is unable to perform as a result of the condition(s) for which you are providing treatment.

6.

How does the employees limitation(s) interfere with his/her ability to perform the job function(s)?

7.

What accommodations, if any, may be made to Employees job functions to enable Employee to perform the job functions listed in response to question #5 above without endangering Employees health or safety or the health or safety of others in the workplace?

8.

Are you aware of any medication Employee is taking that would limit Employee from performing the essential job functions described in the attached job description? If so, please describe the limitations and whether any accommodation would ameliorate the limitations.

9.

You stated in your note dated [insert date], that Employee may return to work on [insert date]. Is that return date reasonably definite?

What is the likelihood you will require Employee to be off work for additional time?

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10.

Are there any alternatives to time off from work that would enable Employee to perform his/her job functions now or sooner than the additional time off you have prescribed? If so, please recommend those alternatives.

11.

Is there anything else we should know that would be helpful for us to determine appropriate accommodations for Employee?

Please sign and date this form below and return it directly to Employee.

THANK YOU FOR YOUR COOPERATION AND ASSISTANCE. ______________________________ Signature of Health Care Provider ______________________________ Date ______________________________ Health Care Providers Name ______________________________ Address ______________________________ City State Zip ______________________________ Telephone Fax

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ATTACHMENT 12
RETURN-TO-WORK CERTIFICATION Employee's Name: _____________________ Date on Which Employee May Return to Work:_______________ I hereby certify that the employee named above may return to work on the above date. _____ The employee is able to perform the essential functions of the position. My opinion is based on a review of the position description provided to me and/or a discussion with the employee of the position's essential functions. _____ The employee cannot perform the following essential functions of the position: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ My opinion is based on a review of the position description provided to me and/or a discussion with the employee of the position's essential functions.

______________________________ Signature of Health Care Provider ______________________________ Date ______________________________ Health Care Providers Name ______________________________ Address ______________________________ City State Zip ______________________________ Telephone Fax

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