reasonably accommodate the employee.
According to the guidance document, an employee may be entitled to up to 12 weeks of job-protected leave under the California Family Rights Act for their own health condition, or to care for certain types of family members including a child, parent or spouse. Employers have the right to require certification from a medical provider within 15 days, unless it is impractical for the employee to comply. However, the DFEH guidance specifies that “[i] n the context of a pandemic, it is not typically practicable for employees to provide advance notice of the need for leave…or for employees to obtain certifications.”
The DFEH provides the guidance in Chinese, Korean, Spanish, Tagalog and Vietnamese languages, which can be accessed on their COVID-19 Resources and Guidance page.
In addition to DFEH’s updated guidance, the California Labor & Workforce Development Agency has a COVID-19 Employer Portal that may be a useful resource. This portal can be used to find business and industry guidance obtained from state, county and city sources to help determine if businesses are safe and compliant with operations and/or reopening.
