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§ 11088. Right to CFRA Leave: Denial of Leave; Reasonable Request.

2 CA ADC § 11088Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 4.1. Civil Rights Department
Chapter 5. Civil Rights Council
Subchapter 2. Discrimination in Employment
Article 11. California Family Rights Act
2 CCR § 11088
§ 11088. Right to CFRA Leave: Denial of Leave; Reasonable Request.
Currentness
(a) It is an unlawful employment practice for a covered employer to refuse to grant, upon reasonable request, a CFRA leave to an eligible employee.
(b) Denial of leave.
(1) Burden of proof.
Denial of a request for CFRA leave is established if the Department or the employee shows, by a preponderance of the evidence, that the employer was a covered employer, the employee making the request was an eligible employee, the request was for a CFRA-qualifying purpose, the request was reasonable, and the employer denied the request for CFRA leave.
(2) Reasonable request.
A request to take a CFRA leave is reasonable if it complies with any applicable notice requirements, as specified in section 11091, and if it is accompanied, where required, by a certification, as that term is defined in section 11087(a).

Credits

Note: Authority cited: Section 12935(a), Government Code. Reference: Section 12945.2, Government Code; Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, 2611 and 2612; and 29 C.F.R. § 825.
History
1. Change without regulatory effect renumbering former section 7297.1 to new section 11088 and amending section and Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. Amendment of subsection (c) filed 3-4-2015; operative 7-1-2015 (Register 2015, No. 10).
3. Amendment of section heading, section and Note filed 7-6-2020; operative 10-1-2020 (Register 2020, No. 28).
4. Change without regulatory effect amending section heading, section and Note filed 12-30-2020 pursuant to section 100, title 1, California Code of Regulations; effective 1-1-2021 (Register 2021, No. 1). (OAL review extended 60 calendar days pursuant to Executive Order N-40-20.)
5. Editorial correction of History 4 (Register 2021, No. 3).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 2, § 11088, 2 CA ADC § 11088
End of Document